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H1b approved with incorrect i94, need immediate guidance

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asked Nov 20 by anonymous
Hello,

My i40 is approved and current visa stamping is expired.

while filing my extension, my attorney used an old i94 number to file the extension which got approved until sep 2021 however once she realized the mistake, she filed an amendment to correct this which resulted in an RFE, now she is recommending me to travel outside the US and get my stamping done using the approved petition, i need to know if I have any other alternatives.

Thanks

1 Answer

0 votes
answered Nov 21 by dan (25,124 points)
Option #1: You can request them to withdraw the amendment.

I am assuming you had an I94 from CBP and they used an old i94 number. However, please note that under last action rule the new i94 will take over automatically.

Option#2: You may attempt to request an appointment at a CBP office at the airport to correct the I94 number (not guaranteed)
commented Nov 21 by singh.sonit (150 points)
Re Option 1 - yes I was issued a new i94 number at port of entry and the extension was filed using the i94 number that was issued in my previously approved i797.

If amendment is withdrawn, do I continue in-status or do I lose status?

my 84 day deadline for response to Amendment is due on Dec 2, 2018.

Thanks
commented Nov 21 by dan (25,124 points)
You will be in status even if the Amendment was withdrawn. This would have been a simple process. Good luck!

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