Switching from H1 to EAD to H1

Re:

Last I-94 supercedes all prior I-94 card issued.

If I was you, I wouldn't have visited Canada;

You got a new I-94 card valid until 2013; As your H1B petition was pending approval, there is no problem for cases that are staying inside US with expiry date of I-94 (Nov 30, 2009) as your I-129 application was pending with USCIS then!

After your approval, you got a new I-94 card, which holds good until 2013. Whatever gap that you tried to fill-in, is already taken care thru the I-129 approval by USCIS (as USCIS attached a new I-94 card until 2013!!)

This would have surely created issue: If you had NOT applied for H1B renewal before your current I-94 expiry date.

Not sure,why your attorney thought the other way around!! Confusing.

Anyway, nothing wrong to verify it again with your attorney.
 
ramsaiin said:
You got a new I-94 card valid until 2013; As your H1B petition was pending approval, there is no problem for cases that are staying inside US with expiry date of I-94 (Nov 30, 2009) as your I-129 application was pending with USCIS then!
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No. Actually my H1B extension was not pending when my old I-94 (valid till 11/30) was expired. So, I had no excuses to stay beyond Nov'30 2009. I know that staying with expired I-94 is illegal and thats the whole reason I made a Canada trip.
And attorney mentioned to use current I-797 to get new I-94 (valid till Feb'2010) and that is the reason I didn't hand-over my new I-94 (came along with the extension) to IO. So, I have two I-94's now, one valid till Feb'25 2010 and another one valid from Feb'26 2010. If I had to travel outside of USA then I would hand-over both the I-94's and I might use AP to get back in. Would it help?

Thanks.
 
I guess in this scneario there was no need to go to canada (to get new 1-94), as you had already applied for the H1-B ext in Oct-09, and it is perfectly alright to stay in US with expired I-94 if you have valid H1-B xtension.
 
RPM said:
I guess in this scneario there was no need to go to canada (to get new 1-94), as you had already applied for the H1-B ext in Oct-09, and it is perfectly alright to stay in US with expired I-94 if you have valid H1-B xtension.
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That's true. Period.
 
prman said:
That's true. Period.
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Guys,

You were not getting the point, my H1B extension was not pending (approved on 10/23 with validity from Feb'2010 including the attached I-94) when my old I-94 was expired (on 11/30) and it is absolutely illegal to stay on H1 with invalid I-94 so that's whole point going to Canada.

Do you think my current I-94 (valid till 2/25/09) superceds attached I-94 (valid till 2012), by the way I'm trying to figure out the information (on USCIS site) that says "last action rules".


Anyway my H1B visa on my passport going to expire Feb'2010 and if at all I am going to go out and come back then I will use AP, which will never have I-94 issues.

Thanks.
 
Here are your sequence of events with action date.

1/31/09 : I94 issued till 11/30/09 at Port of Entry after Foreign Travel
10/23/09 : I94 issued till 11/30/2012 by INS (I94 has from date = 2/26/10)
11/30/09 : I94 issued till 2/25/10 at Port of Entry after Canada Travel

Last action rules. So, you are allowed to stay until 2/25/10.

I am not sure how much the from date of 2/26/10 plays a role. I would think there was no need to goto Canada at all. On 1/31/09 you were allowed to remain in US till 11/30/09. Past 1/31/09, on 10/23/09; you got permission to stay until 11/30/2012. So, you did not need to do anything. Again not 100% sure if the from date means anything.

As far as current situation is concerned; since the last action rules, your stay expires on 2/25/10;
even though you had/have a I94 till 11/30/2012; the last action that gave you a I94 was only dated till 2/25/10 which you received on 11/30/09 after Canada travel; hence you lost your 2012 date.

I am still confused why your lawyer advised to show the older H1B when you had the newer H1B in your possession.
The visa stamped in your passport allows you to enter the country; but generally you would almost always show your most latest H1b at Port of Entry to get the best I94 date. This is true even in case when your stamped visa is for Employer A and you are working for Employer B and have the H1b for Employer B in your possession.


update: Even if your H1b was not approved prior to 11/30/09; you are still allowed to live and work legally for 240 days based on a pending H1B extension.

To be on the safer side with respect to the from_date on new H1B, I think you probably did the right thing to travel to Canada but you should have presented the latest H1B to obtain I94 till 11/30/2012 rather than 2/25/10.
 
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Thanks for giving detailed outlook.
justdoit said:
Here are your sequence of events with action date.

1/31/09 : I94 issued till 11/30/09 at Port of Entry after Foreign Travel
10/23/09 : I94 issued till 11/30/2012 by INS (I94 has from date = 2/26/10)
11/30/09 : I94 issued till 2/25/10 at Port of Entry after Canada Travel

Last action rules. So, you are allowed to stay until 2/25/10.
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Yes, correct. But is there any mention about "last action rules" on USCIS website, I'm looking for rules on I-94


I am not sure how much the from date of 2/26/10 plays a role.
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I'm not sure either, I'm going to talk to attorney on this.

As far as current situation is concerned; since the last action rules, your stay expires on 2/25/10;
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That means, I may need to go Canada again. Do you think, by using the AP while coming back would solve I-94 issues?



you should have presented the latest H1B to obtain I94 till 11/30/2012 rather than 2/25/10.
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Agreed. But I followed the attorney's instructions.

Just curious to know what would be the case for those who travels and re-enters with a new I-94 while the new extension is already received with another I-94 in USA.

Thanks.
 
forumuser1 said:
Agreed. But I followed the attorney's instructions.

Just curious to know what would be the case for those who travels and re-enters with a new I-94 while the new extension is already received with another I-94 in USA.
--------if person has valid visa stamp to reenter US and his/ her H1 extension gets approved while he/she is out of US then the person gets H1 extension approval sent to him/her and at POE will show Valid Visa stamp in Passport AND H1 extension approval notice and officer will give White I-94 till H1 extension approval.

**if Visa stamp is expired then employer will send H1 Extension approval and person will get Visa stamp and enter US with valid H1 visa stamp and at POE will get I-94 till visa validity.

If one has Valid Visa and H1 extension is pending in US then person enters US with H1 Valid visa stamp and will get I-94 till Visa validity. once person is in US and Extension gets approved then will get I-94 with H1 extension and that I-94 will be LATEST I-94.
Thanks.
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------------------
 
ginnu said:
--------if person has valid visa stamp to reenter US and his/ her H1 extension gets approved while he/she is out of US then the person gets H1 extension approval sent to him/her and at POE will show Valid Visa stamp in Passport AND H1 extension approval notice and officer will give White I-94 till H1 extension approval.-
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This is happy path but my question was what would be the case for those who travels and re-enters without carrying new H1 extension (as extension is sitting in USA at Employer) but with valid H1 visa and he gets I-94 till visa validity and then what happens to I-94 attached to H1 extension.

Thanks.
 
forumuser1 said:
This is happy path but my question was what would be the case for those who travels and re-enters without carrying new H1 extension (as extension is sitting in USA at Employer)
but with valid H1 visa and he gets I-94 till visa validity
---------------------Person will get I-94 till H1 visa stamp as the person was not having H1 extension with him/her and did not show at POE.

and then
what happens to I-94 attached to H1 extension.
-----------------------That I-94 is NOT the LAST ACTION as H1 extension was approved before the person entred US with H1 visa and got I-94 based on H1 visa stamp and that is the Latest I-94 or Last Action. to activate the I-94 that was attached with H1 extension person should again enter US and get White I-94 till H1 extension OR file H1 extension again Before the I-94 that got with Visa stamp gets expired.


Thanks.
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For more info talk to your lawyer.
 
Canadian Border

Hi Ginnu n all,

Thanks alot,there is lot of good information here.
I also have a exactly similar case.

I have some queries here:
1. Please let me know which is the nearest Canadian border, I am in Delaware. You said you use the NY one..where is that? Is that Niagara?If possible please provide the list of borders.

2. Do we need Canadian visa, or we go to Canadian Immigration Officer and come back to US without having Canadian visa?!

3. Shall I give both I94s(one valid till Dec 09 and another valid from March 10) to Canadian immi. officer?

4. Some ppl on that post said, if we have valid ext. we can stay even if I94 is expired.. Is that true..? In this case NO issues at all!!

Thanks again.
Regards
HK
 
hkapoor said:
Hi Ginnu n all,

Thanks alot,there is lot of good information here.
I also have a exactly similar case.

I have some queries here:
1. Please let me know which is the nearest Canadian border, I am in Delaware. You said you use the NY one..where is that? Is that Niagara?If possible please provide the list of borders.

2. Do we need Canadian visa, or we go to Canadian Immigration Officer and come back to US without having Canadian visa?!

3. Shall I give both I94s(one valid till Dec 09 and another valid from March 10) to Canadian immi. officer?

4. Some ppl on that post said, if we have valid ext. we can stay even if I94 is expired.. Is that true..? In this case NO issues at all!!

Thanks again.
Regards
HK
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If you applied for H1B extension prior to expiration of I-94; you can continue your stay without any issues. The H1B extension on approval will auto-extend your I-94.
 
Let me remind all, my case is exactly similar to forumuser1, wherein there is a gap of few months inbetween the I94s (though they have the same I94#).

Today I went to CBP Office (in Phili, PA airport), and they issued me corrected I94.
They were very friendly and understanding.
Initially the officer said, as you have new I94 there are no issues you can stay. But when I insisted there is arnd 3months missing in between, he said.. "Ok.. let me talk to my officer". Then a lady came and he explained the scenario to her, she gave me a new white I94 card (crossed the I94# printed on that new card, and wrote my old I94# and put in the date of my latest I797.
She also said, she has updated their system as well and all is good now.

Regards,
HK
 
For forumuser1

Hi forumuser1,

My advice to you is, please visit a nearby DIS office and tell them that you have new I797 but the immi. officer gave you I94 till old 797 only.
Depending on the mood the officer, they can extend the date based on latest I94.

I now 2 instances of the scenario, wherein the person when entering US did not show (or showed but did not help) and immi. officer gave I94 till visa expiry. Then these 2 ppl went to CBP office in Phili, PA airport and got the I94 date extended based on their latest I797.

You can also try doing the same thing.

Regards,
HK
 
hkapoor said:
Hi forumuser1,

My advice to you is, please visit a nearby DIS office and tell them that you have new I797 but the immi. officer gave you I94 till old 797 only.
Depending on the mood the officer, they can extend the date based on latest I94.

I now 2 instances of the scenario, wherein the person when entering US did not show (or showed but did not help) and immi. officer gave I94 till visa expiry. Then these 2 ppl went to CBP office in Phili, PA airport and got the I94 date extended based on their latest I797.

You can also try doing the same thing.

Regards,
HK
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Thanks HK for your valuable postings, I am glad that you got it done without stepping out of USA. I live in Detroit and CBP officers are very strict here interms of issuing new I-94, I tried talking to them multiple times over the phone but they all said was, apply for a amendment (some I-5xx form). So, I figured out stepping out and coming back to USA is relatively easy procedure (since Canada is just few miles away from Detroit). Nice to know that CBP office in Phili, PA is helpful.

Is there any restriction that only local residents can go to CBP office in Phili, PA?

Are there any CBP offices in Midwest nearer to Detroit which are equally as good as CBP office in Phili, PA?

Thanks.
 
anyone can go to CBP office in Phili, they dont ask where are you from. One of my friend got L1 stamped in Canada for 3 years but still when he came back by road he was given 1 year I94, he went to Phili CBP office and they issued new I94.

I am not aware of any other CBP office.

Regards,
HK
 
ginnu said:
For more info talk to your lawyer.
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Hi Ginnu, Justdoit, Ramsaiin, prman, RPM and hkapoor,

I have a update on this post, I got some clarity surrounding I-94 validity after talking to CBP officer and attorney.

What I found is, 'From Date' on new I-94 (came along with H1-B extension) indeed rules. The extension that was approved takes effect from Feb'26 2010, which arguably would be the last action in the sequence of events and would thus be controlling.

So, the current I-94 which is going to expire on Feb'25 2010 and the new I-94 (on H1-B extension) is going to be effective from Feb'26th even though they have two different numbers. I got it clarified by CBP officer that the validity of I-94 is more important than the order of I-94's we received. Hence, 'From Date' on H1-B extension has significance.

Thanks.
 
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