The date on the I-797 form is earlier than that on the I-94 card. Which one takes precedence?

Asked over 1 year ago - Bethesda, MD

My employer applied for a transfer of my H-1B status, and it was granted until date X. However, my visa stamp has a date Y that is later than the date on the I-797 (i.e., X < Y). Date X is approaching and my employer wants to extend it.

Now, the last time I entered the country (recently), the officer put on the I-94 card the date Y as the status expiration date. He didn't even ask for the I-797 form.

My understanding is that I still have to apply for an extension of the H-1B, given it was only granted until date X. I will return the I-94 card the next time I leave the country, and if I try to enter back, I cannot use the I-94 card as proof that my status has not expired (since I will no longer have it)

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is always the expiration date on your I-94 card or on a later USCIS issued I-797 which governs, never the visa stamp received at the consulate.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Jose Antonio Moreno

    Contributor Level 15

    4

    Lawyers agree

    Answered . I agree.

  3. Theodore Su-Tsoh Huang

    Contributor Level 13

    2

    Lawyers agree

    Answered . The date on the I-94 controls.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client... more

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