Bellevue, WA asked in Immigration Law for Washington

Q: I-94 expired but I-797 is valid. What to do?


I just noticed that my I-94 has expired but I still have my I-797 valid. What should I do?

I received a valid I-797 approval (with new I-94) on 11/20/2017 with validity up to 11/29/2020. However, my visa stamping in the passport expiry date is 10/6/2019.

We traveled out of the country in November 2019 and re-entered in December 2020. At that time, we received a new I-94 that was valid until 11/2020. We again traveled out of the country in March 2020 and returned in March 2020. However, this time the new I-94 was given only until 10/6/2019. I am not sure why the "admit until" date was issued to be visa expiry date and not the latest I-797 approval date.

Does it mean my I-94 has expired? What should I do now?


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1 Lawyer Answer
Adan Vega
Adan Vega
  • Immigration Law Lawyer
  • Houston, TX

A: You mentioned that you traveled abroad in March 2020 and you returned to the U.S. that same month. That is not possible in that we are merely in February 2020.

Also, the last FORM I-94 issued by CBP after you last entry to the U.S. controls your current lawful status.

You may want to bring this matter to the attorney that is representing you so guidance can be presented that can rectify this issue.

Good luck to you.

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