Can I travel without I-94 on AP?

S

siri80

Registered Users (C)
Hi all,

Last month when I had my interview My interviewer took my I-94 from my passport and I planning on traveling next month.Can I travel without I-94 on AP?.Please someone suggest.Thank you
 
if the officer took away ur I 94 that would mean he or she must have stamped ur passport..that itself is good enough to travel
 
AOS,
Thanks for your reply.No Officer didn't stamp my passport as I am waiting for Background check.I don't know what to do now.Can anyone tell me if it is safe to ttravel.Thank you
 
I am in the same situation. The officer took my I-94 but didn't stamp my passport because I am awaiting the FBI name check. I asked him how I would travel without the I-94 and he said it should be no problem, just take the interview letter (which he stamped with the date to prove that we completed the interview) and the AP and tell them that the officer took it away.
 
lili2005,

I think it is little risky situation.I didn't ask my officer at that time as I didn't realize but he approved my AP right then so I figured he knows what he is doing.I think I will NCS and make sure if we can travel without I-94.I already booked my ticket to my country so there is no way I can cancel my trip now.Please someone in this situation share your experience.Thank you.
 
Siri80, you can tavel using ur AP only if you are using ur EAD to currently work in this country..if you are using an H1 and currently working then you would need ur I 94 to travel..I would not suggest you travel..I am sure you should be able to cancel ur ticket with a penalty maybe...
 
ofcourse as in lili's case..the officer itself said to do that..but i dont think for u its the same right.
 
AOS,
Thanks for your reply.You mean if I use my EAD instaed of my H-1 then can i travel on AP?.I shud get my EAD by end of this week.Then why did officer didn't tell me about this.You think he is not aware of this.I am really confused and annoyed.
 
AOS said:
Siri80, you can tavel using ur AP only if you are using ur EAD to currently work in this country..if you are using an H1 and currently working then you would need ur I 94 to travel..I would not suggest you travel..I am sure you should be able to cancel ur ticket with a penalty maybe...
Click to expand...

AOS, Sorry to say that you are wrong. If you are on H/L visa, you can enter US using AP and still continue to be on H/L after you get in.

http://www.murthy.com/news/UDnewins.html
http://shusterman.com/cronin51600.html
http://shusterman.com/cronin51600.html

Siri80, get an infopass appt to clear your doubt.

I dont see any problem as you would be handing over your papers (I-94 and the rest) to the airline staff when you leave US, and they dont know much about immigration process. They should be convinced when you show them your interview letter and your Advance Parole. Anyways, get an infopass and talk to an immigration officer.
 
ari4u,

Thank you very much for your reply.I think I will take infopass and talk to the officer.I feel a little better now.When u said handing over papers and I-94 , did u mean in US(airport) or Country in which we will be going to?
 
Last edited by a moderator:
ari4u..thanks for the info..that is something i am aware of..in siri's case..his/her interviewer has already taken the I 94 and to be able to travel without an I 94 on an H1 visa is not advisable I would think..
 
I also want to say that I don't have a visa stamp for H-1b , I just have my H-1b papers.So now using AP without I-94 with pending I-485 is OK?.Thank you
 
siri80 said:
I also want to say that I don't have a visa stamp for H-1b , I just have my H-1b papers.So now using AP without I-94 with pending I-485 is OK?.Thank you
Click to expand...

You need a H1B stamp on your passport to enter US. Try to get the stamp here in the US before you leave OR if possible, get it stamped in your country as you would not be allowed to enter the US without your H1-B stamp.

Alternatively, you can use your AP to enter US and this would not cancel your H1B. As for returning the I-94 when you leave the US, i have read several incidents where the I-94 was not taken from people who travelled on H1. so you stand a 50-50 chance. Take a photocopy of your I-94 just in case.

Whatever i mentioned above is my opinion based on the little knowledge i have and from what i read in these forums. You should however consult an immigration attorney for correct advice.
 
Last edited by a moderator:
You must log in or register to reply here.
Top