I-94 Card Corrected at Airport After CBP Officer Mistakenly Issued I-94 card through Expiration Date of Visa Issued for Prior H-1B Employer Instead of Through Expiration Date of H-1B Petition of Current Employer

When an H-1B employee was issued a visa based upon an approved petition filed by a prior employer and thereafter changes H-1B employers, the immigration law permits the individual to return to the U.S. following international travel using a valid, unexpired H-1B visa from a prior employer and the H-1B approval notice for the new employer.  Upon arrival to the U.S., the CBP officer at the airport should issue the I-94 card in the name of the new employer with a validity date through the expiration date of the new employer's petition.  Our client had traveled internationally under these circumstances but when he entered the US the CBP Officer mistakenly issued his I-94 card through the validity date of the visa of the prior employer which was 8 months shorter than the validity date of the H-1B Petition of the current employer.  Our client did not notice the mistake at the time but we noticed the mistake when we were preparing an amended H-1B Petition for a change in job location.  If a mistake is made on an I-94 card the foreign national is stuck with that mistake unless it is timely corrected.  Fortunately, the mistake was noticed prior to the incorrect expiration date on the I-94 card.  If the mistake had not been noticed our client's status would have expired 8 months earlier than thought, would have been out of status and working illegally, and it would have been a huge mess.   It is very important that everyone who travels knows the expiration date they should receive on their I-94 card and checks their I-94 card for accuracy as soon as it is handed to them.  If there is an error on the I-94 card point it out to the CBP officer and ask it to be corrected right then and there.  If the I-94 card error is not noticed until later, like in our case, the appropriate procedure is to return to the Airport with evidence that CBP made a mistake, evidence of maintenance of status, and evidence of what the correct I-94 expiration should be.  Our client did this after we pointed out the mistake and was issued a corrected I-94 card nunc pro tunc in the name of the changed H-1B employer with the correct expiration date.

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