I-94 expiring currently on valid H1-b visa

Hello team,

Can someone please answer this ? My I-94 is getting expired on September 27th 2021 and this current I-94 is based on my old passport which is expiring on September 27th 2021. But I have got my new passport last month itself, currently I am India and applied for the NIE approval to travel back to usa. Is their will be any problem if I travelled back in October or November, After my I-94 expiry ?? And on my old passport I have valid H1-b stamping until next year September 2022. Can someone please suggest is their will be any issues if I travel back ?

Thank you in advance


Assuming your I-797 is validity is same as your visa (September 2022), you can travel with your new passport and carry the I-797, three most recent paystubs, employment verification letter from employer and your old passport with visa stamping. The CBP at port of entry will issue a new I94 valid till September 2022.
Make sure you get NIE approval email from the consulate that issued your visa.

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Thank you Kalpesh for the quick response.