Switching from H1 to EAD to H1

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forumuser1

Registered Users (C)
Have a question about Switching from H1 to EAD to H1,

1) I am on H1-B (also have EAD, sponsored by h1 employer) and I have H1 visa stamp on my passport till Feb'2010 but I got my existing I-94 valid till Nov30'09 only since my passport expires on Nov30'09 (but I got renewed passport now).

2) And I got H1-B extended, beginning from Feb'2010 and new I-94 also starts from Feb'2010 (USCIS didn't consider attorney's request of starting I-94 from Nov30'09)

3) So, one should maintain valid I-94 to be on H1-B status and in my case I have no valid I-94 from Nov30'09 to Feb'2010,

4) So, is it possible to use my EAD between Nov30'09 to Feb'2010 and come back to H1-B beginning from Feb'2010 (that's when new extended H1-B/I-94 valid from)

5) Are there any means to get new I-94 other than travel out and come back to USA to get new I-94 at POE (for period, Nov30'09 to Feb'2010)

Please share your thoughts. Thanks.
 
forumuser1 said:
Have a question about Switching from H1 to EAD to H1,

1) I am on H1-B (also have EAD, sponsored by h1 employer) and I have H1 visa stamp on my passport till Feb'2010 but I got my existing I-94 valid till Nov30'09 only since my passport expires on Nov30'09 (but I got renewed passport now).
--------------------- Officer was correct .You got the I-94 till Passport validity.
2) And I got H1-B extended, beginning from Feb'2010 and new I-94 also starts from Feb'2010 (USCIS didn't consider attorney's request of starting I-94 from Nov30'09)

3) So, one should maintain valid I-94 to be on H1-B status and in my case I have no valid I-94 from Nov30'09 to Feb'2010,
------------------------- you can go out of US(before Visa stamp expires) and can reenter US. Show the valid H1 visa stamp that is valid till Feb'2010 AND you can get I-94 valid till Feb'2010. keep both the passport stapled and show the page with Visa stamp. you can do that visiting Canada or Mexico border if you are near to border.
Also try to visit Deferred Inspection the POE from where you last entred US and inform the officer that you got I-94 till date..... as your passport was going to expire and the officer said that once get your new passport then visit Deferred Inspection.
Here is link for Deferred Inspection:
Deferred Inspection Site info of phone and hours if anything like I-94 need to be corrected from POE

http://www.cbp.gov/linkhandler/cgov...ction_sites.ctt/deferred_inspection_sites.pdf

4) So, is it possible to use my EAD between Nov30'09 to Feb'2010 and come back to H1-B beginning from Feb'2010 (that's when new extended H1-B/I-94 valid from)
---------------------you CAN use EAD. But if you want to enter on H1 status you will need to get H1 stamping before you enter. Keep the valid AP with you and if any delay in H1 visa stamping then you can use the AP.
5) Are there any means to get new I-94 other than travel out and come back to USA to get new I-94 at POE (for period, Nov30'09 to Feb'2010)
--------------- Try Deferred Inspection Or ask your lawyer.
Please share your thoughts. Thanks.
Click to expand...
-------------------------------
 
Hi Ginnu,

Thanks for answers. I tried Deferred Inspection and they were saying go to CIS to get I-94. Does CIS means local field offices?
 
forumuser1 said:
Hi Ginnu,

Thanks for answers. I tried Deferred Inspection and they were saying go to CIS to get I-94. Does CIS means local field offices?
Click to expand...

CIS means USCIS it can be service center and it can be Local USCIS office. why you did not ask them???
 
That's what I thought but I got address from them which matched with local field office's address (Detroit). So, I need to take an appointment with field office.
But I never heard anybody saying USCIS would give I-94. Is it possible?

There is no direct number to reach them (only number availbale is 1.800.375.5283) and to ask my question if possible or not.
 
forumuser1 said:
That's what I thought but I got address from them which matched with local field office's address (Detroit). So, I need to take an appointment with field office.
But I never heard anybody saying USCIS would give I-94. Is it possible?

There is no direct number to reach them (only number availbale is 1.800.375.5283) and to ask my question if possible or not.
Click to expand...

If you need to visit local USCIS office then you have to take infopass. Go to USCIS site and take infopass. If you see that Infopass is not available for few days (4-5 days advance of your Visa stamp expiry date) then go to Canada and enter US show Valid H1 visa stamp and your Latest H1 approval notice and you will get I-94 till your latest H1 approval expiry date. If you enter US by Car then you may have to pay $5 or$6 for new I-94. if enter by Air then no fees. Do it before your present I-94 gets expired.
*** I don’t think that local USCIS office will extend the I-94.

**calling 1.800.375.5283 is wasting your time.
 
Thanks. Actually I'm also waiting for my AP (supporting docs sent in USPS priority mail with certified option...still on the way) to come as a backup if I visit Canada by road and if any problem with h1-b visa while coming back.
 
forumuser1 said:
Thanks. Actually I'm also waiting for my AP (supporting docs sent in USPS priority mail with certified option...still on the way) to come as a backup if I visit Canada by road and if any problem with h1-b visa while coming back.
Click to expand...
AP approval may take 3 months. you still have valid Visa stamp till Feb'2010but your I-94 expires Nov30'09. go out before I-94 gets expired and reenter US and get new I-94.Show valid Visa stamp AND Latest H1 approval when enter.
 
Ginnu,

Can I do a turn around at border (exit and turn back) just for the sake of getting I-94, will there be any questions on that.

Thanks.
 
forumuser1 said:
Ginnu,

Can I do a turn around at border (exit and turn back) just for the sake of getting I-94, will there be any questions on that.

Thanks.
Click to expand...

Yes and at Border post ask for new I-94 and you may have to go to building in US side for the New get I-94.
for entry to Canada you will need Canada visa.
 
Hi Ginnu,

Based on your knowledge, which Port of Entry is recommended to get new I-94 card for exit and come back to US from the following points of Detroit-Canada border (by Road),

a) Ambassador bridge
b) Detroit-Windsor Tunnel
c) Sarnia bridge

Thanks.
 
forumuser1 said:
Hi Ginnu,

Based on your knowledge, which Port of Entry is recommended to get new I-94 card for exit and come back to US from the following points of Detroit-Canada border (by Road),

a) Ambassador bridge
b) Detroit-Windsor Tunnel
c) Sarnia bridge

Thanks.
Click to expand...

I dont know about the above.I always entered Canada from New York. I think any Port of Entry should give you I-94.
 
Thanks to Ginnu for your valuable tips.

It worked out good. I chose Detroit-Windsor Tunnel for exit and come back. This is what happened,

1) After passing through Tunnel, reached Canada's Immigration Office Booths
2) Officer asked the Passport (with Canada visa on it) and I explicitly handed over my current I-94 to the Officer (I know by giving them I-94 I would definitely get new I-94 at US entrance)
3) And I made a turn around and immediately entered the Tunnel from Canada side.
4) And at the US side, immigration officer checked the Passport & US visa. And asked about I-94 and I told him that it was taken by Canadian officer. He asked me whether I took a flight to reach Canada and I said no. Then he said "why did they take your I-94?" and I kept quite and told him that my I-94 was going to expire Nov'30 09. After few minutes, he has written a slip to issue new I-94 and informed another officer to give me directions to go to secondary processing (CBP) office
5) The other officer gave me instructions to park my vehicle and asked me to take all the documents to the CBP office
6) And in the office they made me wait some 15 minutes before I was called and officer saw all the documents including I-797A (I gave him the current one BUT not the renewed one starting from Feb'2010) and then he asked some basic questions and issued new I-94, which is valid till my current h1-b expiration date. And he charged me $6 fee for issuing new I-94.

The whole process (turn around and waiting at CBP office) took less than 1 hour. Please let me know if somebody needs any help with this.
 
forumuser1 said:
Thanks to Ginnu for your valuable tips.

It worked out good. I chose Detroit-Windsor Tunnel for exit and come back. This is what happened,

1) After passing through Tunnel, reached Canada's Immigration Office Booths
2) Officer asked the Passport (with Canada visa on it) and I explicitly handed over my current I-94 to the Officer (I know by giving them I-94 I would definitely get new I-94 at US entrance)
3) And I made a turn around and immediately entered the Tunnel from Canada side.
4) And at the US side, immigration officer checked the Passport & US visa. And asked about I-94 and I told him that it was taken by Canadian officer. He asked me whether I took a flight to reach Canada and I said no. Then he said "why did they take your I-94?" and I kept quite and told him that my I-94 was going to expire Nov'30 09. After few minutes, he has written a slip to issue new I-94 and informed another officer to give me directions to go to secondary processing (CBP) office
5) The other officer gave me instructions to park my vehicle and asked me to take all the documents to the CBP office
6) And in the office they made me wait some 15 minutes before I was called and officer saw all the documents including I-797A (I gave him the current one BUT not the renewed one starting from Feb'2010) and then he asked some basic questions and issued new I-94, which is valid till my current h1-b expiration date. And he charged me $6 fee for issuing new I-94.

The whole process (turn around and waiting at CBP office) took less than 1 hour. Please let me know if somebody needs any help with this.
Click to expand...
The Canadian IO is not supposed to take your I94?

And why didn't you give your latest H1 to US IO? You could have got I94 valid until latest H1 expiry date.
 
IO at Detroit was just asking because new I-94 was not supposed to be issued if travel happens within 30 days by road.

And for second question, I explicitly gave them current H1 valid till Feb'2010 because I already got I-94 (attached to I-797A) valid from Feb'2010 along with the new H1 extension. So, I don't need the current I-94 overlaps with the new I-94 (along with the extension).
 
Re:

Hello forumuser1,

What is the duration of your new H1B approval - Feb 2010 until ????
What was the I-94 date validity in it? - Feb 2010 until ???

Please be aware that whatever be the case:

Last I-94 card issued (USCIS or POE officials) WILL supercede any previous I-94 card issued;

If I understood it correctly, your old I94 is valid until Nov 2009. Now due to your Canada visit your new I-94 is valid until Feb 2010. But it has already voided your I-94 attached with I-797 petition (though it might have had a better I-94 date)!

Verify this with your attorney.
Regards.
Ram
 
ramsaiin said:
Hello forumuser1,

What is the duration of your new H1B approval - Feb 2010 until ????
What was the I-94 date validity in it? - Feb 2010 until ???

Please be aware that whatever be the case:

Last I-94 card issued (USCIS or POE officials) WILL supercede any previous I-94 card issued;

If I understood it correctly, your old I94 is valid until Nov 2009. Now due to your Canada visit your new I-94 is valid until Feb 2010. But it has already voided your I-94 attached with I-797 petition (though it might have had a better I-94 date)!

Verify this with your attorney.
Regards.
Ram
Click to expand...
Exactly. since you just got a new I94 on 11/30/09 (or 11/29/09); it supercedes any previous I94 [It supercedes your I94 attached to your 797 which could have a much later date than Feb 2010].
Please verify with attorney. You might need to travel to Canada again before expiration of current I94 which expires in Feb 2010 now.
 
justdoit said:
Exactly. since you just got a new I94 on 11/30/09 (or 11/29/09); it supercedes any previous I94 [It supercedes your I94 attached to your 797 which could have a much later date than Feb 2010].

------------------That is correct. Last Action rule.
Please verify with attorney. You might need to travel to Canada again before expiration of current I94 which expires in Feb 2010 now.
---------------------Correct.
Click to expand...
-------------------
 
My new I-94 (came along with the extension) going to be active from Feb'26 2010. So, my current I-94 valid till Feb'25 2010 is no where interfere (overlap) with the new I-94. It is altogether new I-94. As per my attorney, it should not be problem. He said, this is actually a relatively common occurrence (most often happens when an extension is still pending, the person travels and re-enters with a new I-94, and then the extension is approved and the old I-94 number is on the latest approval). In these situations, the last action controls, so the I-94 on the extension approval would again be my I-94 number as of 02/26/2010. This is however just a technical issue and will not be a problem.
 
forumuser1 said:
My new I-94 (came along with the extension) going to be active from Feb'26 2010. So, my current I-94 valid till Feb'25 2010 is no where interfere (overlap) with the new I-94. It is altogether new I-94. As per my attorney, it should not be problem. He said, this is actually a relatively common occurrence (most often happens when an extension is still pending, the person travels and re-enters with a new I-94, and then the extension is approved and the old I-94 number is on the latest approval). In these situations, the last action controls, so the I-94 on the extension approval would again be my I-94 number as of 02/26/2010. This is however just a technical issue and will not be a problem.
Click to expand...

that is a misunderstanding on many people's part including attorneys out there.
the last action controls - the last action in your case was "I94 issued till Feb 25, 2010"; Any other I94 action prior to that is null and void.

In your case sequence of events go like this -

I94 issued till 11/30/09 at port of entry on last entry to US (even though I94 on 797 said 2/25/10)
you are good to stay in US till 11/30/09.

I94 issued till 2/25/13 due to H1B renewal (assuming this date)
you are good to stay in US till 2/25/13 [above I94 is void] <-- not sure if you even needed to go to Canada before 11/30/09

I94 issued till 2/25/10 at port of entry - Canada
you are good to stay in US till 2/25/10 [above both I94 void]

What was your port of entry date when you got I94 till 11/30/09?
What was the approval date of H1 renewal when you got I94 till 2/25/13?
 
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