I94 Expired, but currently hold a valid i-797.Out of Status. Need suggestions

@Anil_Gupta - Need your advice here.

i-94 expired on 30 Jan 2020 and i-797 is valid till 19 Aug 2021.

My first h1b was approved in 2017, Passport got the 1st visa stamp valid till 30 Jan 2020 and travelled to US in June 2017.

In Sept 2018, I switched job and joined new employer. Got the new H1b valid for 3 years - Aug 2018 to Aug 2021.

Travelled to India in Jun/Jul 2019, while entering back to USA at the POA, I presented passport, latest i-797 which had validity till Aug 2021.(During this India visit, I didn’t do any new visa stamping.)
Didn’t realize until few days back that the i94 dates aren’t updated to the i797 valid date.

Now started the extension of h1b with my employer, getting to know about expired i94 and implications. Going by dates, I have over stayed by 15 months now. The same dates hold good for my dependent h4 (spouse and 2 kids).

I have read your responses to similar stories of others in TruVisa.

I will be working with my employer and attorney on the NPT in coming days.

Based on the details, what would you recommend.

Thanks, Raghuram

1 Like

Hi Raghuram, Any update in you case? I am in kind of same boat. My attorney also planning to file extension with NPT. Please update us.

NPT is the only way out. I got my NPT filed with premium for H1 & H4 ,got approved in 8 days.

Wish you luck with your filing.

Hello Raghuram,

I recieved RFE, in your case you recieved rfe too?

Is there way to talk to you? Please it’s urgent.


HI @Faisan

I also got an RFE for the same case(expiring passport but valid visa, i-94 expired ~10 months back). My RPE asks to prove extraordinary circumstances.
What was your RFE for and how did you respond and what was the result ?

Thanks a lot for your help.