I-94 question. PLEASE HELP!!!!!

D

deshipublic

Member
Hi:
I just want to see if anyone can help me with my situation. I had a previous post on the same issue and got different opinions, I just wanted to see if anyone is in my situation and can help me out with advice:

I am working in US on EAD.
Was on H1B before.
Before that was a F1 student.
Never been out fo status in my 12 yrs being in US

Left country to visit a commonwealth country and came back into US without any visa because I am a Canadian permanent resident too. At that time (1997, 1999), a Canadian resident could enter US without any visa. So when I returned from overseas, I showed the immigration officer my Canadian resident paper and he let me in without issuing a new fresh I-94 card
( the white one that they staple in your passport).

Now my situation is - I have an I-94 ( the white hard one) from 1996 that they never kept when I left in 1997.

My question to everyone here and also my lawyer was which I94 card should I show to them when I go for special registration? The white one from 1996 or the one that came with my H1b approval( the bottom part of my approval). My concern is if I just show them the H1b I94 ( that came with the approval) , wouldn't they ask me how did I leave the country in 1997 and 1999 and came back in without being issued a fresh I-94 ( the white hard one)?

My lawyers says I should show them the H1b I-94 that came with the approval but some one said I should show them both H1b and the white one that I got in 1996. Because the approval that comes with H1B approval is not the one they are looking for , the special registartion people will look for the White hard one that usually is stapled to your passport when one enters US.

GUYS PLEASE HELP!!!!! I'm having sleepness nights!!! Don't know which one is right and which one is wrong!
 
hmcis,

I found the BCIS officer doing the NSEERS to be fairly knowledgable (I'm from Bangladesh). They aren't nearly as dumb as we think (although they're pretty close!). I think they will know that until recently Canadian immigrants were exempt from most visa requirements (like Canadian citizens). I would not worry if you are in-status. Follow the advice of your lawyer, but take all documents with you just in case.

My personal experience has been that as long as you can show that you were in-status the whole time it will be ok. Take:

I-20 documents if you have them
Copy of your college diploma - shows proof of graduation

H1B Visa
Existing EADs.

Remember, many people do lost their I-94 (you have not lost yours). Again, as long as you are in status you can actually get a new one from them. I think there is a charge (around 80 dollars?).

hmcis, since you are in status, and you have always been in status, do not worry and sleep soundly! If it gives you peace of mind, take your lawyer to the interview with you.

best wishes,
sadiq
p.s. I am not a lawyer, so this should not be construed as legal advice.
 
thanks

thanks sadiq. i'm also from bangladesh. Thank you so much for making me feel better. So your advice ( I know you are not a lawyer:) is to show them the I94 thing that came with the H1b Approval?
 
hmcis,

Yes, I suggest you listen to your lawyer. Take ALL documents and BCIS/INS correspondence (so bring both) that you have and show them only when asked -and they will ask for the I94. For example, I had my I20 copies, but the officer did not ask and I did not volunteer them.

Having the valid H1B visa (and I guess the I94) is in my opinion and experience critical because it shows that you are currently in status. I'll give an example:

My original I-94 showed an expiration date of April of 200
My new H1 was valid from April of 200 to April of 2003 (I am currently on an EAD). In my case the NSEERS officer was mainly interested in my H1B because it demonstrated by current status.

One more suggestion. BCIS will ask for the following information:

Citizenship
Date of Birth
City of Birth
Permanent address in your home country
Names, address, and telephone numbers of 3 people in the United States

They will enter this information into the database. Have all of this type in large font on a sheet of paper with headings. This is not necessary but makes their job (punching the information) much easier. I also noticed it puts them in a good mood, and makes the whole thing faster.



From my non-legal standpoint I think your case is routine and won't take much time. Do let us know how it turns out. Like you I consulted a lawyer (actually my firms corporate attorney) and followed his advice. It turned out fine and I think your will too.

best wishes,
sadiq
 
hmcis

I'm also in H1b before that I was on F1. When I went for registration I showed the lady two H1B approvals ( current, and expired) with I94 attached, in my passport I also had an additional I94 (white one). She took all of them and stapled them in my passport without asking a single question. She did say that I should turn-in my I94 whenever I leave the country.

You are over-worrying yourself. It is nothing to worry about. Take it easy.

V. imp. piece of advise. Don't say "it", if you are not asked about "it".
 
thanks but...

Thank you so much guys for your suggestions but I just want to know if I show them (when asked) the I94 that came with my H1b Approval and then the officer askes me when was the last time I entered US, what should I say, 1999? (when I came back into USA without a white I94 card since I was a canadian resident or 1996? (when I came back to US with the white I94 card) ?
I don't think I can say 1996 because there are rubberstamps of Zia international airport in my passport which proves that I travelled outside USA once in 1997 and 1999.

So in jist, I should be honest and say 1999 is when I last came back into USA. Then the question arises how come I still have the white I94 card from 1996? I can tell them I was not issued one in 1999 since I was a canadian resident and was on H1B visa. But is that valid reasoning?

Please let me know. I hope I dont sound like I'm nagging. Just wanna be 100% sure of the situation I am going to face when I go for the SR.

Thanks in advance y'all.
 
hmcis,

When dealing with BCIS or any other law enforcement agency always answer all questions truthfuly. For NSEERS purposes you swear to tell the truth and will perjure yourself if you deliberately lie. Of course you do not have to volunteer any information (and probably shouldn't unless it actually helps you).

There are two questions one can ask before going: (1) Am I currently in status (2) Have I followed all laws.
Since I am assuming the answer to both is YES for you, do not worry.

On the matter of what to answer, answer everything truthfuly and mention your latest entry to the United States. If you have evidence of your Canadian Permanent Residency along with the dates, you should be fine. As for answering why you were not issued an I94, you've answered you own question. Canadian Residents were exempt at that time.

rgds,
sadiq
 
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