Hello,
my H1B was approved in Feb 2020 and soon after I had to renew my passport as it was due to expire in Sept 2020. I now have a new passport, however, I have read a lot of people saying my I94 is valid only until my passport and that I would need to renew it. And my stay is valid only until my I94 is valid? But the paper on the bottom of my I797 form says that it is valid until Feb of 2023. So I am a bit confused here about the validity of my I94…is it what is written on the bottom of the I797 form or on the CBP portal online (which I can only access if I enter my old passport number)
I cannot travel to renew it since I do not have my H1B stamping done and the consulate appointments are a mess currently. Is there any action I need to take on my end?
Your most recent I-94 will govern your status in the US. When traveling to the US , CBP will issue I-94 to match your I-797 H1B approval provided your passport is valid beyond the expiry on the I797. Otherwise CBP will issue the I94 valid only until the passport expiry. This I-94 will override your I-94 attached to the I-797. Also this means you need to renew I-94 before it expires and after getting the passport renewed.
Refer the below for your options and consult your employer’s immigration lawyer asap. If your I-94 issue by CBP expired in September 2020 and you haven’t renewd it, you are already out of status.
Thank you Kalpesh. Just to better explain my situation here
I came to the US in 2015
Got my OPT in 2017
STEM Extention from 2018 to 2020 Feb
H1B approval Feb 2020, cap exempt—I94 I797 notice till Feb 2023
Passport expired Sept 2020
Passport renewed Sept 2020
I94 on CBP website when I enter my old passport number says D/S
Without having an H1B stamp, can I still go to the border to get another I94? If I am already out of status, my immigration lawyer never mentioned it when contacted. They said I cannot travel anywhere now and I am valid to stay here. What are the consequences if I am already out of status?
Ok now I understand your case better. The CBP I-94 is back from when you entered the US on F1. Your most recent I-94 is the one attached to the I-797 approval notice for H1B. Remember I mentioned your most recent I-94 governs your period of stay.
Based on the timelines you mentioned, you have not left the US after your H1B was approved in Feb 2020 so you are good to stay per your H1B I-94 which is valid till Feb 2023.
You dont need to take any action at this point.