I-94 Expired but I-797 Valid


Recently I found out that my i-94 has expired ( which was truncated due to my passport expiring ) , but my I-797 is valid . So I am basically out of status for more than 180 days . I tried approaching the CBP office but they said its not their mistake so they wont fix it .

I spoke to a few immigration lawyers who said the best way to fix it is to file an H1 extension with NPT . After a lot of discussion my company has agreed to file an extension with an NPT .

In the mean time I spoke to another Immigration lawyer who said he said he can contact the CBP on my behalf and ask them fix my I-94 date . So I am in a dilemma whether to explore this option in parallel .

Will it affect my H1 extension if I am approaching the CBP through a lawyer ?

Any help/ advice appreciated

If you already applied for H1B EOS with NPT, no need to do anything. Just wait for USCIS decision. I dont think CBP can extend the I-94 after the expiry.

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