One of my friend who is Indian and worked on H1b in USA landed as PR in Canada by Border post, after few days stay in Canada he left for India from Canada and came to Canada from India, His I-94 was not taken by any airlines when he went to India from Canada, Now he is in Canada and I-94 is still attached to his passport, after few days he will Come to USA from Canada by border post. I do not have any answer for this I-194 question, Did he commit any mistake? Should he have given I-94 when he left for India from Canada?because according to INS one should give his/her I-94 to airline staff when some one leaves USA but he left for India from Canada not from USA.Please help in this matter. His H1B visa is Valid till Feb,2002, can he still enter in USA on this I-94 which is still with him and valid?
- Home
- Forums
- Other Countries - Visiting, Living in, Moving to o
- Canada - Visiting, Living in, Moving to or Moving
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I-94 Question and confusion
- Thread starter inders99
- Start date
I-94 with Canadian PR
I don\'t think, your friend will be penalized. It is the duty of the Airline staff to collect the I-94 (In your friend\'s case, he hasn\'t flown from US. So, nobody can take the I-94 card). If he is entering into US, he should use his Canadian PR to enter. If the INS look at the i-94, they can take it now also. They may ask him few questions and if they are valid (some times, proof may be required), then he should be fine. He should be prepared for that.
Sometimes, Canadian Immigration can even take the I-94 and will send it to US INS. As long as, he is just visiting US, he should be fine. If he is planning on continuing his work, then he can use his H1 visa and he may go through the normal questions for a H1 visa holder. But, if he intends to go back to Canada, he may have problems (it is better to check with an attorney). US doesn\'t care about the PR to continue his work. As long, as he has work in US and you have a valid Visa and Work Permit, he should be fine (Sometimes, they can call his employer to validate, if he is working for that company or not - But, very rare). Canada, does care to find out, if you are outside the country for more than 6 months and what are you doing during that time. If you are working on H1 in US, it may have some implications (Check with your attorney in Canada also).
All these are my ideas. As long as, your friend\'s intention is only to continue his stay in Canada and his intention to visit us is just for a short term, he should be fine (Let him have some proof, to prove that).
Good Luck.
I don\'t think, your friend will be penalized. It is the duty of the Airline staff to collect the I-94 (In your friend\'s case, he hasn\'t flown from US. So, nobody can take the I-94 card). If he is entering into US, he should use his Canadian PR to enter. If the INS look at the i-94, they can take it now also. They may ask him few questions and if they are valid (some times, proof may be required), then he should be fine. He should be prepared for that.
Sometimes, Canadian Immigration can even take the I-94 and will send it to US INS. As long as, he is just visiting US, he should be fine. If he is planning on continuing his work, then he can use his H1 visa and he may go through the normal questions for a H1 visa holder. But, if he intends to go back to Canada, he may have problems (it is better to check with an attorney). US doesn\'t care about the PR to continue his work. As long, as he has work in US and you have a valid Visa and Work Permit, he should be fine (Sometimes, they can call his employer to validate, if he is working for that company or not - But, very rare). Canada, does care to find out, if you are outside the country for more than 6 months and what are you doing during that time. If you are working on H1 in US, it may have some implications (Check with your attorney in Canada also).
All these are my ideas. As long as, your friend\'s intention is only to continue his stay in Canada and his intention to visit us is just for a short term, he should be fine (Let him have some proof, to prove that).
Good Luck.