I-94

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braveheart76

Registered Users (C)
Hi All,

I will be travelling to Canada next week to get my H1-B stamped. It is F1->OPT->H1 case.

I saw my question in this forum before but no definite reply. Please help me.

I have my old I-94 from F1 and a new I-94 at the bottom of my H1 approval. I will be in Canda for just 3 days. I have been told to take both my I-94s to Toronto Consulate.

So is it right that I should not return any of my I-94s when I fly out of US to the airlines?

I would also appreciate if someone can tell me about recent experience at Toronto with H1 stamping.

Thanks so much for your help.
 
Hi braveheart76

I got my H1b stamping recently done at Toronto & I was exactly in the same boat as you. Here's what my lawyer told me & what actually happened with me:

LAWYER:
My lawyer told me that I don't have to surrender my old I-94 (F1) or the I-94 that came with the H1B approval notice as I'm going to go to Canada for less than 30 days. If the airline officer asks for it then I should tell him/her about the 30 day/continuos country rule, if s/he still insists then I should ask to see a supervisor. Finally even then if I have to give my I-94's at the time of departure, no big deal. I'll get a new one when come back & enter the US.

WHAT HAPPENED WITH ME:
When I left they asked me for my I-94's but when I told them that I'm going for less than 30 days, they agreed not to take my I-94's. However this didn't matter much. At the US port of entry in Canada, they saw both my I-94's but said that none of these would work. They kept my F1 I-94 with them, returned my I-94 that came with the H1B approval as a "souvenir" and issued me a new I-94 with my H1B validity.

Therefore my analysis is that it doesn't really matter whether they take your I-94s at the time of departure or not because in any case you would be issued a new I-94 at the time of entry. Therefore don't worry too much about it, it's a non-issue.

The only advantage was in the past when you retained the old I-94 & assuming you had a expired visa, you could still enter back using the same I-94. However since March of this year the rules have changed & now you can still do same as above "provided" you didn't apply for a US visa outside. If you applied & the visa got rejected for whatever reasons, you cannot use the old I-94 in any case. Since in you case you will be going to Canada to apply for a US visa, the old I-94 has no use/benefit to you.

Good luck with your consular interview.

titu
 
Also, regarding Toronto experience

Search for my earlier thread where I've posted my Toronto experience in detail.

titu
 
Question :

what do you mean by US Port of Entry in Canada? are you referring to port of entry in US on your way back or the US Consulate in Canada?
 
While coming from Canada....

.....the US immigration counters are in Canada, not at the port of arrival. You would have to go through US immigration in Canada before you can board the flight. There is no immigration on arrival while coming from Canada, the flights come to the domestic terminals/gates.

titu
 
While coming from Canada....

.....the US immigration counters are in Canada, not at the port of arrival. You would have to go through US immigration in Canada before you can board the flight. There is no immigration on arrival while coming from Canada, the flights come to the domestic terminals/gates.

titu
 
----If coming back from Canada by airlines you will face US immigration at Canadian airport before departure to US from Canada
-- If you are coming to US from Canada by road you will face US immigration at border (US side)
 
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