Bab

Our (my, my wife's) current visa stamp (with the same employer)
expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006.
Recently we had our H1B/H4 extension approved with the same employer
till Sept 30th 2009. I understood from the forums here that when
traveling back if I show my new H1B approval (valid till Sept 2009)+
existing visa stamp (valid till Sept 2006) I would be granted a new
I-94 at Port of entry valid till Sept 2009. I also have seen from these
forums that some people HAVEN'T been granted new I-94 valid till the
new H1B validity date and were rather granted I-94 valid till visa
validity date though they showed the new H1B approval. Could you please
share your PERSONAL EXPERIENCES SIMILAR to my situation if you have one
based on my below questions?

1)Till what DATE was your NEW I-94 issued till ?
2)If it (new I-94) WAS issued till new H1B approval period (ie similar
to mine of Sept 2009)
2a) Was it EASY to get from the Port of Entry (POE) officer or did you
have to talk to the Supervisor to get it? How EASY was it to get it?
2b) Where the existing valid old visa stamp + new H1B approval notice+
employer verification letter + latest pay stubs ENOUGH at port of entry
to get the new I-94 valid till Sept 2009.
3)If it (new I-94 ) WASN'T issued till new H1B approval period (ie
similar to mine of Sept 2009)
3a) Did you SHOW the new H1B approval + employer verification
letter+latest paystubs+existing valid old visa stamp at the port of
entry?
3b) Till WHEN was the NEW I-94 valid till issued?
3c) Did you TRY TO CORRECT the new I-94 with POE officer or Supervisor
at POE and where you ABLE to do it?
3d) Were you able to CORRECT the new I-94 at the LOCAL BCIS office or
anywhere else and how EASY was it and how LONG did it take you to
correct it? Can you please share that experience like what has to be
DONE and what FORMS have to be filed?

Thanks

Bab

please help me on this?

bab wrote:
    > Our (my, my wife's) current visa stamp (with the same employer)
    > expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006.
    > Recently we had our H1B/H4 extension approved with the same employer
    > till Sept 30th 2009. I understood from the forums here that when
    > traveling back if I show my new H1B approval (valid till Sept 2009)+
    > existing visa stamp (valid till Sept 2006) I would be granted a new
    > I-94 at Port of entry valid till Sept 2009. I also have seen from these
    > forums that some people HAVEN'T been granted new I-94 valid till the
    > new H1B validity date and were rather granted I-94 valid till visa
    > validity date though they showed the new H1B approval. Could you please
    > share your PERSONAL EXPERIENCES SIMILAR to my situation if you have one
    > based on my below questions?
    > 1)Till what DATE was your NEW I-94 issued till ?
    > 2)If it (new I-94) WAS issued till new H1B approval period (ie similar
    > to mine of Sept 2009)
    > 2a) Was it EASY to get from the Port of Entry (POE) officer or did you
    > have to talk to the Supervisor to get it? How EASY was it to get it?
    > 2b) Where the existing valid old visa stamp + new H1B approval notice+
    > employer verification letter + latest pay stubs ENOUGH at port of entry
    > to get the new I-94 valid till Sept 2009.
    > 3)If it (new I-94 ) WASN'T issued till new H1B approval period (ie
    > similar to mine of Sept 2009)
    > 3a) Did you SHOW the new H1B approval + employer verification
    > letter+latest paystubs+existing valid old visa stamp at the port of
    > entry?
    > 3b) Till WHEN was the NEW I-94 valid till issued?
    > 3c) Did you TRY TO CORRECT the new I-94 with POE officer or Supervisor
    > at POE and where you ABLE to do it?
    > 3d) Were you able to CORRECT the new I-94 at the LOCAL BCIS office or
    > anywhere else and how EASY was it and how LONG did it take you to
    > correct it? Can you please share that experience like what has to be
    > DONE and what FORMS have to be filed?
    >
    > Thanks

Elvira

I have never heard of this: "I understood from the forums here that when
traveling back if I show my new H1B approval (valid till Sept 2009)+
existing visa stamp (valid till Sept 2006) ... (and) would be granted a new
I-94 at Port of entry valid till Sept 2009. "

AFAIK you need to go to a US consulate to get a new H1b visa stamped in your passport if you wish to travel. If you stay in the US, your H1b extension is sufficient.

That's how understand it, and this is what we did, but I am not an expert.

J. J. Farrell

bab wrote:
    > Our (my, my wife's) current visa stamp (with the same employer)
    > expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006.
    > Recently we had our H1B/H4 extension approved with the same employer
    > till Sept 30th 2009. I understood from the forums here that when
    > traveling back if I show my new H1B approval (valid till Sept 2009)+
    > existing visa stamp (valid till Sept 2006) I would be granted a new
    > I-94 at Port of entry valid till Sept 2009. I also have seen from these
    > forums that some people HAVEN'T been granted new I-94 valid till the
    > new H1B validity date and were rather granted I-94 valid till visa
    > validity date though they showed the new H1B approval. Could you please
    > share your PERSONAL EXPERIENCES SIMILAR to my situation if you have one
    > based on my below questions?
    > 1)Till what DATE was your NEW I-94 issued till ?
    > 2)If it (new I-94) WAS issued till new H1B approval period (ie similar
    > to mine of Sept 2009)
    > 2a) Was it EASY to get from the Port of Entry (POE) officer or did you
    > have to talk to the Supervisor to get it? How EASY was it to get it?
    > 2b) Where the existing valid old visa stamp + new H1B approval notice+
    > employer verification letter + latest pay stubs ENOUGH at port of entry
    > to get the new I-94 valid till Sept 2009.
    > 3)If it (new I-94 ) WASN'T issued till new H1B approval period (ie
    > similar to mine of Sept 2009)
    > 3a) Did you SHOW the new H1B approval + employer verification
    > letter+latest paystubs+existing valid old visa stamp at the port of
    > entry?
    > 3b) Till WHEN was the NEW I-94 valid till issued?
    > 3c) Did you TRY TO CORRECT the new I-94 with POE officer or Supervisor
    > at POE and where you ABLE to do it?
    > 3d) Were you able to CORRECT the new I-94 at the LOCAL BCIS office or
    > anywhere else and how EASY was it and how LONG did it take you to
    > correct it? Can you please share that experience like what has to be
    > DONE and what FORMS have to be filed?

I've not got the time or energy to answer the questionaire, but I know
of many people who've done this succesfully and/or cocked it up. You
can use any valid H-1B visa with any approved H-1B petition, so in your
case you can re-enter on your current visa until September 30, 2006. I
recommend

- show the new petition at the same time as the visa, and ask to be
admitted on the new petition
- watch what he's writing on the I-94 and politely interrupt if he's
putting the visa expiry date. Explain that you believe you should be
admitted until the new petition expiry date. At this point he'll
usually either realise you're right, or check with his supervisor, or
send you to his supervisor. If he insists on going ahead with the wrong
date, politely ask to be referred to a supervisor.
- it's usually best to get it done right as you enter the USA. I know
of cases where people have not done so, either deliberately because of
rude and aggressive officers at the PoE, or accidentally because they
didn't realise the date was wrong. If you enter the USA with the wrong
date, I believe that in theory it's possible to get it corrected by
returning to the PoE or making an appointment at a local office and
explaining. In practice, I recommend just filing an I-539 Extension of
Status request - $200 filing fee but a lot less time, hassle, and
effort.

The burden of evidence is exactly the same as for any other H-1B entry,
Carry proof that you are going to work for the petitioner at the
approved location and salary; don't volunteer this evidence, but have
it to hand in case you're asked for some.

Penguin

bab wrote:
    > Our (my, my wife's) current visa stamp (with the same employer)
    > expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006.
    > Recently we had our H1B/H4 extension approved with the same employer
    > till Sept 30th 2009. I understood from the forums here that when
    > traveling back if I show my new H1B approval (valid till Sept 2009)+
    > existing visa stamp (valid till Sept 2006) I would be granted a new
    > I-94 at Port of entry valid till Sept 2009. I also have seen from these
    > forums that some people HAVEN'T been granted new I-94 valid till the
    > new H1B validity date and were rather granted I-94 valid till visa
    > validity date though they showed the new H1B approval. Could you please
    > share your PERSONAL EXPERIENCES SIMILAR to my situation if you have one
    > based on my below questions?
    > 1)Till what DATE was your NEW I-94 issued till ?
    > 2)If it (new I-94) WAS issued till new H1B approval period (ie similar
    > to mine of Sept 2009)
    > 2a) Was it EASY to get from the Port of Entry (POE) officer or did you
    > have to talk to the Supervisor to get it? How EASY was it to get it?
    > 2b) Where the existing valid old visa stamp + new H1B approval notice+
    > employer verification letter + latest pay stubs ENOUGH at port of entry
    > to get the new I-94 valid till Sept 2009.
    > 3)If it (new I-94 ) WASN'T issued till new H1B approval period (ie
    > similar to mine of Sept 2009)
    > 3a) Did you SHOW the new H1B approval + employer verification
    > letter+latest paystubs+existing valid old visa stamp at the port of
    > entry?
    > 3b) Till WHEN was the NEW I-94 valid till issued?
    > 3c) Did you TRY TO CORRECT the new I-94 with POE officer or Supervisor
    > at POE and where you ABLE to do it?
    > 3d) Were you able to CORRECT the new I-94 at the LOCAL BCIS office or
    > anywhere else and how EASY was it and how LONG did it take you to
    > correct it? Can you please share that experience like what has to be
    > DONE and what FORMS have to be filed?
    > Thanks

I went through this myself in 2003.

1) I-94 issued until date of old visa stamp
2) n/a
3a) Yes. Upon presenting my docs to the POE officer I was taken to
secondary processing.
3b) Despite having this evidence (& more) the I-94 was issued until
date of old visa stamp.
3c) Yes, and no. The supervisor believed the new approval notice could
not be used in place of a visa. I showed them a letter from my attorney
advising that the date on the new approval notice was applicable to the
new I-94 but the supervisor was not interested.
3d) Yes. My attorney dealt directly with the POE (explaining that the
law was right & they were wrong) to have a correct I-94 issues with the
right date. Took approx 4 weeks. I could not have done this without a
lawyer, I do not know exactly what they did nor if any forms were
involved.

I never want to go through that again so ever since I have always
renewed my visa to reflect the correct date and I will never use that
POE again.

Bab

Hi Penguin
Thanks for sharing your experience.

*Did your experience happen on a H1B category or which visa category
did it happen on?
*Also can you also share the POE that your experience happened on? ie
Did it happen at Chicago POE, New york POE etc


penguin wrote:
    > bab wrote:
    > > Our (my, my wife's) current visa stamp (with the same employer)
    > > expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006.
    > > Recently we had our H1B/H4 extension approved with the same employer
    > > till Sept 30th 2009. I understood from the forums here that when
    > > traveling back if I show my new H1B approval (valid till Sept 2009)+
    > > existing visa stamp (valid till Sept 2006) I would be granted a new
    > > I-94 at Port of entry valid till Sept 2009. I also have seen from these
    > > forums that some people HAVEN'T been granted new I-94 valid till the
    > > new H1B validity date and were rather granted I-94 valid till visa
    > > validity date though they showed the new H1B approval. Could you please
    > > share your PERSONAL EXPERIENCES SIMILAR to my situation if you have one
    > > based on my below questions?
    > >
    > > 1)Till what DATE was your NEW I-94 issued till ?
    > > 2)If it (new I-94) WAS issued till new H1B approval period (ie similar
    > > to mine of Sept 2009)
    > > 2a) Was it EASY to get from the Port of Entry (POE) officer or did you
    > > have to talk to the Supervisor to get it? How EASY was it to get it?
    > > 2b) Where the existing valid old visa stamp + new H1B approval notice+
    > > employer verification letter + latest pay stubs ENOUGH at port of entry
    > > to get the new I-94 valid till Sept 2009.
    > > 3)If it (new I-94 ) WASN'T issued till new H1B approval period (ie
    > > similar to mine of Sept 2009)
    > > 3a) Did you SHOW the new H1B approval + employer verification
    > > letter+latest paystubs+existing valid old visa stamp at the port of
    > > entry?
    > > 3b) Till WHEN was the NEW I-94 valid till issued?
    > > 3c) Did you TRY TO CORRECT the new I-94 with POE officer or Supervisor
    > > at POE and where you ABLE to do it?
    > > 3d) Were you able to CORRECT the new I-94 at the LOCAL BCIS office or
    > > anywhere else and how EASY was it and how LONG did it take you to
    > > correct it? Can you please share that experience like what has to be
    > > DONE and what FORMS have to be filed?
    > >
    > > Thanks
    > I went through this myself in 2003.
    > 1) I-94 issued until date of old visa stamp
    > 2) n/a
    > 3a) Yes. Upon presenting my docs to the POE officer I was taken to
    > secondary processing.
    > 3b) Despite having this evidence (& more) the I-94 was issued until
    > date of old visa stamp.
    > 3c) Yes, and no. The supervisor believed the new approval notice could
    > not be used in place of a visa. I showed them a letter from my attorney
    > advising that the date on the new approval notice was applicable to the
    > new I-94 but the supervisor was not interested.
    > 3d) Yes. My attorney dealt directly with the POE (explaining that the
    > law was right & they were wrong) to have a correct I-94 issues with the
    > right date. Took approx 4 weeks. I could not have done this without a
    > lawyer, I do not know exactly what they did nor if any forms were
    > involved.
    > I never want to go through that again so ever since I have always
    > renewed my visa to reflect the correct date and I will never use that
    > POE again.

Penguin

It was H1B at Peurto Rico POE.

bab wrote:
    > Hi Penguin
    > Thanks for sharing your experience.
    > *Did your experience happen on a H1B category or which visa category
    > did it happen on?
    > *Also can you also share the POE that your experience happened on? ie
    > Did it happen at Chicago POE, New york POE etc
    > penguin wrote:
    > > bab wrote:
    > > > Our (my, my wife's) current visa stamp (with the same employer)
    > > > expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006.
    > > > Recently we had our H1B/H4 extension approved with the same employer
    > > > till Sept 30th 2009. I understood from the forums here that when
    > > > traveling back if I show my new H1B approval (valid till Sept 2009)+
    > > > existing visa stamp (valid till Sept 2006) I would be granted a new
    > > > I-94 at Port of entry valid till Sept 2009. I also have seen from these
    > > > forums that some people HAVEN'T been granted new I-94 valid till the
    > > > new H1B validity date and were rather granted I-94 valid till visa
    > > > validity date though they showed the new H1B approval. Could you please
    > > > share your PERSONAL EXPERIENCES SIMILAR to my situation if you have one
    > > > based on my below questions?
    > > >
    > > > 1)Till what DATE was your NEW I-94 issued till ?
    > > > 2)If it (new I-94) WAS issued till new H1B approval period (ie similar
    > > > to mine of Sept 2009)
    > > > 2a) Was it EASY to get from the Port of Entry (POE) officer or did you
    > > > have to talk to the Supervisor to get it? How EASY was it to get it?
    > > > 2b) Where the existing valid old visa stamp + new H1B approval notice+
    > > > employer verification letter + latest pay stubs ENOUGH at port of entry
    > > > to get the new I-94 valid till Sept 2009.
    > > > 3)If it (new I-94 ) WASN'T issued till new H1B approval period (ie
    > > > similar to mine of Sept 2009)
    > > > 3a) Did you SHOW the new H1B approval + employer verification
    > > > letter+latest paystubs+existing valid old visa stamp at the port of
    > > > entry?
    > > > 3b) Till WHEN was the NEW I-94 valid till issued?
    > > > 3c) Did you TRY TO CORRECT the new I-94 with POE officer or Supervisor
    > > > at POE and where you ABLE to do it?
    > > > 3d) Were you able to CORRECT the new I-94 at the LOCAL BCIS office or
    > > > anywhere else and how EASY was it and how LONG did it take you to
    > > > correct it? Can you please share that experience like what has to be
    > > > DONE and what FORMS have to be filed?
    > > >
    > > > Thanks
    > >
    > > I went through this myself in 2003.
    > >
    > > 1) I-94 issued until date of old visa stamp
    > > 2) n/a
    > > 3a) Yes. Upon presenting my docs to the POE officer I was taken to
    > > secondary processing.
    > > 3b) Despite having this evidence (& more) the I-94 was issued until
    > > date of old visa stamp.
    > > 3c) Yes, and no. The supervisor believed the new approval notice could
    > > not be used in place of a visa. I showed them a letter from my attorney
    > > advising that the date on the new approval notice was applicable to the
    > > new I-94 but the supervisor was not interested.
    > > 3d) Yes. My attorney dealt directly with the POE (explaining that the
    > > law was right & they were wrong) to have a correct I-94 issues with the
    > > right date. Took approx 4 weeks. I could not have done this without a
    > > lawyer, I do not know exactly what they did nor if any forms were
    > > involved.
    > >
    > > I never want to go through that again so ever since I have always
    > > renewed my visa to reflect the correct date and I will never use that
    > > POE again.

Bab

Hi Farrell
Thanks for your response.I don't have time to get the stamping done
before the travel and hence am wondering whether to use the old visa to
travel and return back. However I do want to get the new I-94 at POE
valid till Sept 2009.You did mention that lots of people have done it
successfully and/or cocked it up.

*What is the PERCENTAGE of SUCCESS vs the percentage of NON-SUCCESS
rate have you seen w.r.t getting I-94 stamped till new H1B approval
expiration date. ie Sept 2009 in my case at the POE?
*What are my CHANCES that I get the new I-94 at POE which would be
valid till Sept 2009
and would you RECOMMEND me coming back to the POE with old visa stamp+
new H1B approved petition and expect me to get at POE new I-94 till
Sept 2009?


J. J. Farrell wrote:
    > bab wrote:
    > > Our (my, my wife's) current visa stamp (with the same employer)
    > > expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006.
    > > Recently we had our H1B/H4 extension approved with the same employer
    > > till Sept 30th 2009. I understood from the forums here that when
    > > traveling back if I show my new H1B approval (valid till Sept 2009)+
    > > existing visa stamp (valid till Sept 2006) I would be granted a new
    > > I-94 at Port of entry valid till Sept 2009. I also have seen from these
    > > forums that some people HAVEN'T been granted new I-94 valid till the
    > > new H1B validity date and were rather granted I-94 valid till visa
    > > validity date though they showed the new H1B approval. Could you please
    > > share your PERSONAL EXPERIENCES SIMILAR to my situation if you have one
    > > based on my below questions?
    > >
    > > 1)Till what DATE was your NEW I-94 issued till ?
    > > 2)If it (new I-94) WAS issued till new H1B approval period (ie similar
    > > to mine of Sept 2009)
    > > 2a) Was it EASY to get from the Port of Entry (POE) officer or did you
    > > have to talk to the Supervisor to get it? How EASY was it to get it?
    > > 2b) Where the existing valid old visa stamp + new H1B approval notice+
    > > employer verification letter + latest pay stubs ENOUGH at port of entry
    > > to get the new I-94 valid till Sept 2009.
    > > 3)If it (new I-94 ) WASN'T issued till new H1B approval period (ie
    > > similar to mine of Sept 2009)
    > > 3a) Did you SHOW the new H1B approval + employer verification
    > > letter+latest paystubs+existing valid old visa stamp at the port of
    > > entry?
    > > 3b) Till WHEN was the NEW I-94 valid till issued?
    > > 3c) Did you TRY TO CORRECT the new I-94 with POE officer or Supervisor
    > > at POE and where you ABLE to do it?
    > > 3d) Were you able to CORRECT the new I-94 at the LOCAL BCIS office or
    > > anywhere else and how EASY was it and how LONG did it take you to
    > > correct it? Can you please share that experience like what has to be
    > > DONE and what FORMS have to be filed?
    > I've not got the time or energy to answer the questionaire, but I know
    > of many people who've done this succesfully and/or cocked it up. You
    > can use any valid H-1B visa with any approved H-1B petition, so in your
    > case you can re-enter on your current visa until September 30, 2006. I
    > recommend
    > - show the new petition at the same time as the visa, and ask to be
    > admitted on the new petition
    > - watch what he's writing on the I-94 and politely interrupt if he's
    > putting the visa expiry date. Explain that you believe you should be
    > admitted until the new petition expiry date. At this point he'll
    > usually either realise you're right, or check with his supervisor, or
    > send you to his supervisor. If he insists on going ahead with the wrong
    > date, politely ask to be referred to a supervisor.
    > - it's usually best to get it done right as you enter the USA. I know
    > of cases where people have not done so, either deliberately because of
    > rude and aggressive officers at the PoE, or accidentally because they
    > didn't realise the date was wrong. If you enter the USA with the wrong
    > date, I believe that in theory it's possible to get it corrected by
    > returning to the PoE or making an appointment at a local office and
    > explaining. In practice, I recommend just filing an I-539 Extension of
    > Status request - $200 filing fee but a lot less time, hassle, and
    > effort.
    > The burden of evidence is exactly the same as for any other H-1B entry,
    > Carry proof that you are going to work for the petitioner at the
    > approved location and salary; don't volunteer this evidence, but have
    > it to hand in case you're asked for some.

Bab

Hi Farrell
Added to the below questions, could you please elaborate little more
on the below question as well:

*What is the PROCESS to have the correction done at POE office or local
BCIS latter if it is not possible to get at POE during entry into US ie
FORMS to fill, specific POE office to contact etc and other specific
steps. Can this be done by MYSELF or do I have to HIRE an attorney for
this? How EASY is it to get it done and how LONG does it take to have
the I-94 corrected this way?

bab wrote:
    > Hi Farrell
    > Thanks for your response.I don't have time to get the stamping done
    > before the travel and hence am wondering whether to use the old visa to
    > travel and return back. However I do want to get the new I-94 at POE
    > valid till Sept 2009.You did mention that lots of people have done it
    > successfully and/or cocked it up.
    > *What is the PERCENTAGE of SUCCESS vs the percentage of NON-SUCCESS
    > rate have you seen w.r.t getting I-94 stamped till new H1B approval
    > expiration date. ie Sept 2009 in my case at the POE?
    > *What are my CHANCES that I get the new I-94 at POE which would be
    > valid till Sept 2009
    > and would you RECOMMEND me coming back to the POE with old visa stamp+
    > new H1B approved petition and expect me to get at POE new I-94 till
    > Sept 2009?
    > J. J. Farrell wrote:
    > > bab wrote:
    > > > Our (my, my wife's) current visa stamp (with the same employer)
    > > > expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006.
    > > > Recently we had our H1B/H4 extension approved with the same employer
    > > > till Sept 30th 2009. I understood from the forums here that when
    > > > traveling back if I show my new H1B approval (valid till Sept 2009)+
    > > > existing visa stamp (valid till Sept 2006) I would be granted a new
    > > > I-94 at Port of entry valid till Sept 2009. I also have seen from these
    > > > forums that some people HAVEN'T been granted new I-94 valid till the
    > > > new H1B validity date and were rather granted I-94 valid till visa
    > > > validity date though they showed the new H1B approval. Could you please
    > > > share your PERSONAL EXPERIENCES SIMILAR to my situation if you have one
    > > > based on my below questions?
    > > >
    > > > 1)Till what DATE was your NEW I-94 issued till ?
    > > > 2)If it (new I-94) WAS issued till new H1B approval period (ie similar
    > > > to mine of Sept 2009)
    > > > 2a) Was it EASY to get from the Port of Entry (POE) officer or did you
    > > > have to talk to the Supervisor to get it? How EASY was it to get it?
    > > > 2b) Where the existing valid old visa stamp + new H1B approval notice+
    > > > employer verification letter + latest pay stubs ENOUGH at port of entry
    > > > to get the new I-94 valid till Sept 2009.
    > > > 3)If it (new I-94 ) WASN'T issued till new H1B approval period (ie
    > > > similar to mine of Sept 2009)
    > > > 3a) Did you SHOW the new H1B approval + employer verification
    > > > letter+latest paystubs+existing valid old visa stamp at the port of
    > > > entry?
    > > > 3b) Till WHEN was the NEW I-94 valid till issued?
    > > > 3c) Did you TRY TO CORRECT the new I-94 with POE officer or Supervisor
    > > > at POE and where you ABLE to do it?
    > > > 3d) Were you able to CORRECT the new I-94 at the LOCAL BCIS office or
    > > > anywhere else and how EASY was it and how LONG did it take you to
    > > > correct it? Can you please share that experience like what has to be
    > > > DONE and what FORMS have to be filed?
    > >
    > > I've not got the time or energy to answer the questionaire, but I know
    > > of many people who've done this succesfully and/or cocked it up. You
    > > can use any valid H-1B visa with any approved H-1B petition, so in your
    > > case you can re-enter on your current visa until September 30, 2006. I
    > > recommend
    > >
    > > - show the new petition at the same time as the visa, and ask to be
    > > admitted on the new petition
    > > - watch what he's writing on the I-94 and politely interrupt if he's
    > > putting the visa expiry date. Explain that you believe you should be
    > > admitted until the new petition expiry date. At this point he'll
    > > usually either realise you're right, or check with his supervisor, or
    > > send you to his supervisor. If he insists on going ahead with the wrong
    > > date, politely ask to be referred to a supervisor.
    > > - it's usually best to get it done right as you enter the USA. I know
    > > of cases where people have not done so, either deliberately because of
    > > rude and aggressive officers at the PoE, or accidentally because they
    > > didn't realise the date was wrong. If you enter the USA with the wrong
    > > date, I believe that in theory it's possible to get it corrected by
    > > returning to the PoE or making an appointment at a local office and
    > > explaining. In practice, I recommend just filing an I-539 Extension of
    > > Status request - $200 filing fee but a lot less time, hassle, and
    > > effort.
    > >
    > > The burden of evidence is exactly the same as for any other H-1B entry,
    > > Carry proof that you are going to work for the petitioner at the
    > > approved location and salary; don't volunteer this evidence, but have
    > > it to hand in case you're asked for some.

J. J. Farrell

bab wrote:
    > Hi Farrell
    > Thanks for your response.I don't have time to get the stamping done
    > before the travel and hence am wondering whether to use the old visa to
    > travel and return back. However I do want to get the new I-94 at POE
    > valid till Sept 2009.You did mention that lots of people have done it
    > successfully and/or cocked it up.
    > *What is the PERCENTAGE of SUCCESS vs the percentage of NON-SUCCESS
    > rate have you seen w.r.t getting I-94 stamped till new H1B approval
    > expiration date. ie Sept 2009 in my case at the POE?

I've no idea. They're supposed to admit you until the end of the
petition, so I would hope it's high.

    > *What are my CHANCES that I get the new I-94 at POE which would be
    > valid till Sept 2009

I don't know, but I'd expect it to be very high since that's what
they're supposed to do. Another post in this thread is the only case
I've ever heard of where the applicant has presented the right
documents and pressed the matter, yet the officers have got it wrong.

    > and would you RECOMMEND me coming back to the POE with old visa stamp+
    > new H1B approved petition and expect me to get at POE new I-94 till
    > Sept 2009?

Yes, it's what I'd do.

Bab

Hi Farrell
Thanks for reply. I also had asked the below question, could you
please answer this plz?

could you please elaborate little more on the below question as well:

*What is the PROCESS to have the correction done at POE office or local

BCIS latter if it is not possible to get at POE during entry into US ie

FORMS to fill, specific POE office to contact etc and other specific
steps. Can this be done by MYSELF or do I have to HIRE an attorney for
this? How EASY is it to get it done and how LONG does it take to have
the I-94 corrected this way?

J. J. Farrell wrote:
    > bab wrote:
    > > Hi Farrell
    > > Thanks for your response.I don't have time to get the stamping done
    > > before the travel and hence am wondering whether to use the old visa to
    > > travel and return back. However I do want to get the new I-94 at POE
    > > valid till Sept 2009.You did mention that lots of people have done it
    > > successfully and/or cocked it up.
    > >
    > > *What is the PERCENTAGE of SUCCESS vs the percentage of NON-SUCCESS
    > > rate have you seen w.r.t getting I-94 stamped till new H1B approval
    > > expiration date. ie Sept 2009 in my case at the POE?
    > I've no idea. They're supposed to admit you until the end of the
    > petition, so I would hope it's high.
    > > *What are my CHANCES that I get the new I-94 at POE which would be
    > > valid till Sept 2009
    > I don't know, but I'd expect it to be very high since that's what
    > they're supposed to do. Another post in this thread is the only case
    > I've ever heard of where the applicant has presented the right
    > documents and pressed the matter, yet the officers have got it wrong.
    > > and would you RECOMMEND me coming back to the POE with old visa stamp+
    > > new H1B approved petition and expect me to get at POE new I-94 till
    > > Sept 2009?
    >
    > Yes, it's what I'd do.