I-485 filing: No white I-94 after entry from Canada!! help

T

tt tt

Registered Users (C)
I had entered the USA from SFO airport, got
a white I-94 card from there. Then a year later I got a H1-H1 transfer approved and
got a I-797 form with an updated extended
I-94.

Then I visited Canada, on the way back the
US immigration officer said that my I-797
notice\'s I-94 is superceeding the white
I-94 and she removed it and let me in, saying that the H1 notice\'s I-94 is my I-94.

Now after that when I applied for I-485, I listed the latest port of entry as Buffalo,NY from Canada, but I still attached a copy
of the I-94 I had got from SFO airport, with a note that I had entered the country later
from Canada on land.

My Question is: will this cause problems in
the I-485 processing ?

thanks
 
I 94 problem.

I beleive this should not be a problem as INS is aware of this issue and there is a procedure for notifying about the discrepancy. There is a reference in one of the articles on INS website if you need further info.

Disclaimer: I\'am not a lawyer and the opinions expressed should not be construed as Legal Advice.
 
thank you ..could you please let me know the search criteria!

do I search on ww.ins.gov ?

thanks
tt tt
 
I am in the same boat

I am in the exact same situation... i visited Canada only for a day. My I-485 application has already been filed, and I had written down my original entry into the US via Chicago as my last entry. If any one has more knowledge or suggestions on handling this situation if it becomes an issue, i would appreciate it if they could share it with us. Thanks!
 
my lawyer said...it may not be noticed..

and if does get noticed, she said it can be easily addresed in
an RFE :( how to do that is beyond me
 
I have a similar but peculiar problem. Please help

My spouse and I entered together in 1999, after a visit to India. Accidentally, I entered my spouse\'s name on both I-94. At thr port of entry both were stamped by the officer (he did not notice the descrepency also).

When I renewed my H1-B, I brought it to my lawyer\'s notice. However, I had another I-94 from my previous entry in 1997 (which was not collected when I left from here). The lawyer used that for grtting my H1-B renewal without any problem.

I now have that I94 (from 1997) and I-94 with the latest H1-B. For my 485, can I use the old one? Will it cause any problems?

Any ideas?

Kamal
 
ok here goes...

ideally your latest entry I-94 must be used to get the H1 xfer , so that the H1 xfer I-94 on the approval notice has the same #.
But in your case you have used the older one, which should not have
been in your possesion, I believe you must use the latest I-94#
since that reflects your latest entry in the USA...
 
No Title

When you come from Canada and have one I-94 they do not change it and your older I-94 is your actaul I-94.

Hope this helps

Kishan Patel
 
thank you Kishan...please read on...

That is exactly what happened with me. I am concerned that the
INS will take exception to the fact that since my lawyer entered
SFO as last date of entry and since the passport has a stamp later
than that from Can Imm. ( not from INS ) they might get confused
and send and RFE !
how do you propose to handle this, I have a couple of Credit card
statements to prove that I was in Vancouver in May and then in
seattle a couple of days later. Plus I had a valid visa and
H1 status at the time of entry so I had no intention of effecting
a sneak entry !
 
But My latest I94 is wrong.

It has my spouse\'s name on it. Also, when I used my older I94 during visa revalication, the re-validated H1B has older I94 number on it. Also I checked my passport and found that there is no stamp for my latest entry. It has stamp for my older entry.

What problems can it cause during 485? Is it grounds for denial? Also would it result in deportation?

What if I quickly make a round trip to Canada for a couple of days and come back with a new I94? Can I then use the latest?

Kamal
 
I really dont know

please check with your lawyer. Coming back from Canada might help if you submit the older I-94s and get a new I-94 on the way back.
 
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