H-1B I-94 expired in CBP system but valid on I-797 — Murthy attorney suggests travel before transfer. Risk of 222(g)? New employer suggests h1b with NPT
I’m trying to understand the safest path forward before filing an H-1B transfer and would really appreciate hearing from anyone who has dealt with something similar.
Background
• Entered the U.S. on H-1B in Nov 2023
• At entry, CBP issued I-94 only until July 15, 2025 because my passport was expiring
• I never left the U.S. after that entry
• Renewed my passport in Sept 2025
• My H-1B visa stamp is valid until Sept 2026
• My I-797 approval notice (with attached I-94) is valid until Oct 30, 2026
• However, the CBP electronic I-94 still shows expiration July 15, 2025
Current Situation
• My employment with my H-1B employer ended in February 2026
• I’m now trying to transfer to a new employer in March
• My understanding is that I may be within the 60-day H-1B grace period
Attorney Advice
Immigration attorneys at a well-known Murthy firm suggested that before filing the transfer, I should:
• Leave the U.S. and re-enter
• Get a fresh CBP I-94 issued against my new passport
• Then proceed with the H-1B transfer
Their reasoning is that it cleans up the I-94 discrepancy before the petition is filed, since status questions can complicate transfers.
My employer suggests H1b with NPT but wants me of denial completely.
I’m torn between which approach to take
My Concerns About Travel
• My CBP electronic I-94 shows expiration July 15, 2025 (\\\~8 months ago)
• I’m worried about INA 222(g) being raised because the CBP record shows an expired I-94
Questions
1. Has anyone had a CBP electronic I-94 expire due to passport but still had a valid I-797 I-94?
2. Did you travel and re-enter to fix the I-94 before filing an H-1B transfer?
3. Did CBP raise INA 222(g) when you re-entered?
4. Has anyone here filed an H-1B transfer as NPT because of status ambiguity?
5. In your experience, which approach tends to be safer: travel first or file NPT?
6. If the transfer is filed as change of employer while within the grace period, would USCIS rely on the I-797 I-94 validity or the CBP electronic record?
I’m trying to understand whether travel actually reduces risk before the transfer or whether filing as NPT and dealing with travel later is safer.
I’m extremely tensed and any help will be greatly appreciated.
Posted Mar 14, 2026, 12:28 AM UTC