Online I94 date vs extended H1B I797 I94 date

Hello Anil,

My H1B and I94 expires May 2019 and my company is applying an extension now. Once my extension gets approved, I will be getting a new I797 with new I94 attahced to it.

But, the online data for my I94 will remain the same until I travel and reenter US. My question is, after getting my new I797 should I travel outside US and re enter to get my online I94 date updated?

Also, I know that if passport expires early than the H1B, I94 will be issued only till the passport expiry date. So, once the passport gets renewed I MUST get the I94 renewed, though still the I94 attached to the I797 has expiry date as the H1B expiry date. I see both the above scenarios are similar, but why if passport expires I94 be renewed?


I am not sure what you want to do.

Your i94 attached to approved i797 will be the one that will supersede all other old i94s.

Ok. Let me divide the 2 questions I have, one at a time.

After getting H1B extension approved with new I797 and I94, should I go out of US and re enter to get the online I94 updated?

That’s what i am wondering as to why do you want to do that?
Who told you to go out and get new i94 when you get one attached with i797?

The whole purpose of i797’s i94 is to avoid travel outside just for i94!!

I heard from my friends that online I94 should be latest and if it expires I may have to get it updated by re entering US.

So the second related question: Assuming I have H1B till Sept 2020 and I94 in this I797 expires on Sept 2020 and my passport expires May 2019. Earlier this year I went out and re entered US and the officer gave me I94 only till May 2019 (passport expiry date). So online I94 shows May 2019 expiry and the one attached to the I797 has expiry till Sept 2020. In this case which will be taken as the latest? Should I go out and re enter in this case to get my I94 updated with new passport?

You are mixing two different things into one. Off-course i94 has to be valid at ALL times while you are in US.

i94 date is matched to passport expiry

This is correct and in this case you are required to get new updated i94 after passport renewal.

i94 after receiving new approved i797

The new i797’s i94 will supersede any OLDER i94 that you may have.

If the i797’s i94 date is matched to your passport expiry, then you would need to renew i94 after passport renewal.

When you re-enter US after getting i797 i94, the i797 i94 GETS OLD and the one you get at the port of entry supersedes the old one.

This is true for any activity or travel that makes you get a new i94. The old one is rendered useless even if it is valid longer than your current i94.

In your current scenario, you will need a new i94 after passport renewal.

All options to renew i94:

Ok. Thanks for the explanation. In short, the latest I94 issued (be it at the port of entry or through H1B extension) will supercede any previously issued I94.

Thanks for the quick reply! Much appreciated.

Yes, that’s correct.

Hello Anil,

I spoke to my attorney about my case and she said though the I797 expires Sept 2020, they will be able to file for H1B extension now as my I94 expires on May 2019. She said it will same as a normal 3 year H1B extension (I have approved I140).

I reckon, H1B extension can be filed only 6 months within the I797 expiry. I would like to know whether it is possible to file H1B extension before 6 month period (19 months in my case. around jan -feb 2019).


If your attorney says they can, they have answered keeping all factors in mind.

Thanks. But I have never seen anywhere mentioned that H1B extension can be filed before the 6 month period. Have you ever come across a case where H1B extension is applied way before 6 month period?

Yes, when someone files an Amendment or transfer, they do get a 3 year extension.
Technically, all H1B applications are extensions.

In my case, there is neither an amendment nor transfer being filed. Only criteria is expiring I94. I am still confused as how they can file extension citing just this reason 19 months before I797 expiry.

Can you please throw some light on this.


You should ask your attorney on how they plan to do it.
How can I comment on that?

I just want to know whether you have come across such scenario.


Hi @ssrigane
I re-read the whole conversation and now understand the context of your confusion with H1B mid-way extension.

You basically want to get new i94 without going out of USA or crossing border. Right?

Then, your attorney is right and they can file an H1B extension to get new i94 and at the same time get new as approval for 3 year H1B.

This is done by many people.
So, don’t worry. Your attorney is not bluffing with you.

Ya… Sorry for confusing questions. Thanks :slight_smile:

No problem and all the best for your H1B extension.

Hi @Anil_Gupta and Other members.
I got new 797 due to job change prior to I94 expiry date (same as old passport expiry). Now i received new pasport
Current CBP website i94 record reflects my new i94# from new 797, while ‘admit until date’ is same as granted during re-entry (during old 797) per old passport expiry.
Do I need to update the I94 Record in this case? More details below.
Any Suggestions/help would be great. Thanks!

Old 797 validity till : 15-sept-2020
Old Passport validity and I94 ‘admit until date’ : 20-aug-2020
Last Reentry: Jan 2019
New 797 issued: may 2019 (Valid till may 2022)
New passport issued: June 2020
Curent i94 Record on CBP reflects NEW i94# from new 797 and ‘admit until date’ is 20-Aug-2020

Hi @Mrmx25

Please read the above discussion. Your case is different.