H1 Transfer: Dates on I-797 and Visa Are Different

[Murthy01]

Hi all,
I need your help in understanding the following situation:
Expiration date on H1B Stamped on my passport via company A - Sept 2009
Petition validity date on I797, received when transferred from comp A to comp B - July 2011
Date on I94, attached to my passport while entering USA - "until" Oct 10, 2009
I was in my home country (India), when my H1B transfer was done from company A to B (July 2008)
Question 1: What is the legal date until which I can stay in US ?
Question 2: Do I need to get a new stamp on my passport for company B ? If yes, by when and from where (US or India)

[Mr. Knowitall]

The I-797 and your I-94 will normally have the same expiration date. It sounds like you showed the wrong approval when you last entered the U.S.

You need to update your I-94 before its expiration date. You can do that next time you leave the country. If you do that at a regular border crossing (e.g., Mexico or Canada, or when taking an international flight) you shouldn't have a problem - turn in your I-94 when you leave and get a new one on your return.

Although I make no promises, you can also try going to a deferred inspection site (a list is here [PDF]) and getting your I-94 reissued; they are most likely to do that if they believe that they made the error (i.e., you presented the current approval but they issued a date based on the old one.)

[Murthy01]

The I-797 and your I-94 will normally have the same expiration date. It sounds like you showed the wrong approval when you last entered the U.S.

You need to update your I-94 before its expiration date. You can do that next time you leave the country. If you do that at a regular border crossing (e.g., Mexico or Canada, or when taking an international flight) you shouldn't have a problem - turn in your I-94 when you leave and get a new one on your return.

Although I make no promises, you can also try going to a deferred inspection site (a list is here [PDF]) and getting your I-94 reissued; they are most likely to do that if they believe that they made the error (i.e., you presented the current approval but they issued a date based on the old one.)

Thanks a lot for your expert opinion. Actually when I entered US, they did not asked me for my I 797. The officer put the date on I 94 just by looking at the Visa expiry date on my passport (which was through previous employer
). Please help me with below:

1. If I get the new I 94, the Visa that is stamped on my passport will have the old date (sept 09). Do I need to get a new Visa stamp on my passport (which shows my current employer and new date) ? If yes, By when, where and how ??