H1visa -Trip for I-94;Will i get I-94 from a trip to Canada by flight

R

rgol

Registered Users (C)
Hi All,

I would like to have a question answered.
I am on H1 visa. The current I-94 in my passport has the visa expiration date(a valid one) stamped on it.

I went out of status some-time after the above I-94 stamping.

My attorney is suggesting me to make a trip to outside of US and comeback in with a new I-94, and that would resolve my out-of-status issue.

So my question is:
If I travel to Canada by flight, on the way back into US, Will I get a new I-94.

Earlier, I traveled to Canada by road,
When I exited US, my I-94 was not collected at immigration.
On the way back in, the immigration guys looking at my old I-94 have said that it is valid, and have not issued me a new one.

Please let me know if it is true that:
One does not get a new I-94 from a trip to surrounding(Contigous) countries of US.

Thanks,
rgol
 
Be careful with out of status, it is an automatic ban from the US if caught out.

Question is how did you become out of status when you have a valid stamped Visa in your passport??

You should be able to file I-94 extension or replacement one, if your visa etc is all valid.

Did they make a mistake when you were coming in the country the last time?
 
The below is the situation that took me to out-of-status.

When I applied for h1 transfer from company A to B, my extension got denied(h1 got approved for company-B but didn't receive a new I-94).
It was a normal processing, and few days before the above decision came from Immigration, I got laid off from company B.

Company-A didn't cancel my h1 with them, so I moved to company-A and have started working with them. Company-A attorney suggested me to get a new I-94 and that I'll come back into status.
I made a trip to Canada by road. They didn't give me a new I-94. I have said more on this in my last email.

So, I am now trying to make a trip to outside of the country(Canada) by flight. But not sure If I'll get a new I-94.
I Heard Attny. Murthy(Murthy Law Firm) mentioning that "one doesn't get a new I-94 from a trip to the US Contiguous countries".
Please let me know, If anybody has got a new I-94(from a normal trip, not to the US consulate's in those countries) from a trip to Mexico, Canada, Caribbean, Bahamas, etc(Contiguous countries).

Thanks,
Ravi.
 
If the H-1B approval notice from company A is still valid you will get a new I-94 at the point of entry from Canada / Mexico. You have to submit the old I-94 at the point of departure (the transportation authority will take that). The automatic visa revalidation rule will be applicable.

Answers to your question:
1. Yes.
2. No.
 
Thanks all for letting me know the answers and your views.

I'll be flying to Canada in two weeks from now. I am buying a refundable ticket.
But all the rest of you, please do let me know, if you too have(did not) got(get) a new I-94 from a trip(normal trip as mentioned in the earlier posts) to the surrounding countries.
It will make me plan/decide my trip till the last moment.

Thanks Very Much.
 
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