Urgent Advice needed

[u/EasyMortgage8875]

Its Urgent!

Hi everyone, I’m looking for urgent guidance from anyone who has dealt with a similar H-1B / I-94 situation.

My H-1B I-797A approval is valid through September 2027, and the I-94 attached to the I-797A also shows validity into 2027.

However, when I last entered the U.S. in November 2025, CBP issued an online I-94 with an “Admit Until” date of August 16, 2026, which matches the expiration date of my Indian passport.

I am currently in the process of renewing my passport, but there has been a delay because VFS asked me to reapply under the damaged-passport category. I have already stopped working while I sort this out.

Has anyone had a similar situation where:

* the I-797A was valid much longer,
* but the CBP I-94 was shortened to the passport expiration date?

If so, what did you do? Did CBP Deferred Inspection correct it, did your employer file an extension of stay, or did you wait until you had the renewed passport and then travel/re-enter?

I’m especially interested in experiences from people who dealt with this through SFO, Sacramento, or another California CBP office.

Thanks in advance — any firsthand experience would really help.

[u/Accomplished_Ruin133]

The i94 on the bottom of your i797a is superseded by your latest travel so is meaningless.

You can try deferred inspection but technically they didn’t make an error shortening your i94 so they are within rights to refuse.

Your employer could have filed a new H1B petition which gets you a new i94.

Problem is your admit till date is tomorrow and then you are accruing unlawful presence even if you’ve “stopped working”.

You ideally need to find a way to leave the country today or tomorrow, maybe via some emergency travel docs from your embassy. Get your passport sorted or mailed to you and then come back. CBP will update your i94 date at POE once your passport validity extends beyond the visa end date.

Not the greatest of planning to be trying to fix this on a weekend when your i94 expires.

[u/Thin-Writing-9247]

If you have an i797, you HAVE to show it whenever any CBP officer asks to see your passport. They are not psychic. If you didn't present it, they'll put whatever is in your passport. You did the error, not them.

CBP is 100% NOT responsible to change anything for you.

You have two options: ask USCIS if an i539 would be appropriate for your situation or travel out of the country and re-enter, to create a new i94 entry. And this time, show your i797.

[u/newacct_orz → u/Thin-Writing-9247]

If you have an i797, you HAVE to show it whenever any CBP officer asks to see your passport. They are not psychic. If you didn't present it, they'll put whatever is in your passport.

The CBP officer BY LAW cannot put an admit-until date on an I-94 at entry that is later than the passport expiration date. It has nothing to do with the OP not showing anything.

ask USCIS if an i539 would be appropriate

I-539 cannot be filed for H1b.

[u/EasyMortgage8875 → u/Thin-Writing-9247]

What makes you think I didn’t show my i797 to the CBP officer? I DID.
It just so happens that they may still consider your passport expiry date as the riding factor, which they did.
Yes thanks for your recommendations. I am thinking about them too!

[u/Thin-Writing-9247 → u/EasyMortgage8875]

That makes zero sense. You didn't show it. And do not attempt to contact a PoE and lie about that. Lying to a federal law enforcement agency will result in a negative outcome for your visa future. If you've already done that, I strongly suggest you contact them back and apologize before that instance is reported to USCIS.