H4 with lost I94

[chetan1978]

Hi

I am currently on F1-OPT and will be applying for the H1 shortly (I work for a quota-exempt organization). When my wife arrived (on F2), she did not get an I94 card on entry. For clarification, my wife did fill out the I94 on the plane. The officer at the port of entry simply forgot to attach it to the passport. In fact, he had also forgotten to give her the customs card and she had to go back and get it as they wouldn't let her exit the arrival area. This was her first visit and did not know that she needed the I94 otherwise I guess she would have asked for that as well.

So, a valid I94 does exist (we hope!). The international adviser who works in my office (he is not a lawyer though) recommended that it be treated as a 'lost' I94 - which seems to make sense. The question now becomes that if we do treat it as a lost I94, do we have to necessary have a replacement I94 before applying for my H1 (her H4) visa? Should we wait to process the H1 until we get a replacement I94 (which I understand can take several months). Or, would it be better if she leaves the country for a short period of time, and re-enters with a new I94? or can we concurrently file the H1B application along with the I-102 (replacement I94). We'd like to get the H1 processing started ASAP.

Thanks much

 

[ginnu]

Hi

I am currently on F1-OPT and will be applying for the H1 shortly (I work for a quota-exempt organization).
When my wife arrived (on F2), she did not get an I94 card on entry.

For clarification, my wife did fill out the I94 on the plane. The officer at the port of entry simply forgot to attach it to the passport.
------------------ She was supposed to get I-94. If officer forget to give her I-94 but she got stamp in the passport then she was supposed to go to deferred inspection at the same airport and she could have explained the matter and CBP deferred inspection can give her I-94 (every airport has deferred inspection area.) she could have shown passport stamp and flight ticket info or boarding pass.
In fact, he had also forgotten to give her the customs card and she had to go back and get it as they wouldn't let her exit the arrival area. This was her first visit and did not know that she needed the I94 otherwise I guess she would have asked for that as well.

So, a valid I94 does exist (we hope!).
------------if the officer gave the I-94 to CBP officer who update USCIS data then they have record.
The international adviser who works in my office (he is not a lawyer though) recommended that it be treated as a 'lost' I94 - which seems to make sense.
---------------------- If you are staying near to same POE/airport I suggest she should visit the deferred inspection and she should explain the situation and still they may give her I-94 if they have her record (I am sure they have record) She should take her passport or any other evidence or rememember the date and flight.
The question now becomes that if we do treat it as a lost I94, do we have to necessary have a replacement I94 before applying for my H1 (her H4) visa? Should we wait to process the H1 until we get a replacement I94 (which I understand can take several months).
Or, would it be better if she leaves the country for a short period of time, and re-enters with a new I94?
---------------she can do that
or can we concurrently file the H1B application along with the I-102 (replacement I94). We'd like to get the H1 processing started ASAP.
--------------------Better contact good lawyer.
Thanks much

-----------

 

[chetan1978]

Thanks Ginnu. We were able to get a replacement I94 at a local CBP office. They were pretty nice about it and we didn't have to pay the replacement fee as well (that comes with the I102).

 

[ruchi10]

Hey chetan i have the same problem.

Hello chetan ,

Can you please elaborate on what u did to get a new I-94.
Which office did u visit and where. Did she land on the same airport, in the same city where you visited the CBP office.

Please giv me some details about it. Even i have lost my I-94 and i need to file my visa this april, so need my I-94 asap.

Thanks.

 

[ginnu]

Hello chetan ,

Can you please elaborate on what u did to get a new I-94.
Which office did u visit and where. Did she land on the same airport, in the same city where you visited the CBP office.

Please giv me some details about it. Even i have lost my I-94 and i need to file my visa this april, so need my I-94 asap.

Thanks.

CBP deferred inspection may not give you new I-94 if you have Lost the I-94.
if you did not got I-94 at POE and is mistake of officer or some info is wrong on I-94 then one can get I-94 corrected from CBP deferred inspection.
FYI if you have to apply H4 extension then you only need the Copy of I-94 and you should have made copy of I-94.