Q: Why does my H-1b I-94 approval notice show two different dates?

 

Your validity dates were approved as requested on Page 5 of the I129.  The dates on the I-94 reflect the grace period.

On November 18, 2016, the Department of Homeland security published a final rule in Volume 81, Number 223 of the Federal Register for the Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.  The final rule, effective on January 17, 2017, created a provision under Title 8, Code of Federal Regulations (8 CFR), section 214.1(l)(1) which provides U.S. Citizenship and Immigration Services (USCIS) the authority to grant an additional period of stay of up to ten (10) days after the validity period ends for beneficiaries, and their dependents, admissible in E-1, E-2, E-3, H-1B, L-1A, L-1B, TN-1, or TN-2 nonimmigrant classifications.  Furthermore, USCIS has determined that, in accordance with 8 CFR section 214.2, beneficiaries, and their dependents, admissible in CW-1, H-2A, H-2B, H-3, O-1, O-2, P-1, P-2, or P-3 nonimmigrant classification are also eligible for the additional period of stay of up to ten days after the validity period ends.  Accordingly, the dates indicated on the Form I-94 portion of the Form I-797 approval notice reflect an additional ten-day period of stay after the expiration of the nonimmigrant classification validity period.  Please note that the ten-day period of stay does not extend any work authorization afforded to the nonimmigrant classification validity period.  Additionally, the ten-day period of stay will not be provided on petitions seeking consular processing.

Published on 8/14/2020

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