I94 related issue.

[jigar_rasalawal]

Hello friends,

I worked in USA on H1-B from 24th-March-2000 to 29th-August-2003. Received visa for following period.

1. 24th-Feb-2000 to 1st-August-2002 at Mumbai, INDIA consulate.
2. 9th-SEP-2002 to 24-April-2004 (While I was in USA).

During my stay, I visited India once from 17th-Feb-2002 to 12th-March-2002. At the time of USA re-entry (12th-March-2002), I94 got issued having expiry date 1st-August-2002 as my visa was valid till 1st-August-2002.

My company re-applied for visa and got extension up to 24th-April-2004. I left USA forever on 29th-August-2003.

As per law,
“When a visitor departs the USA, the transportation carrier representative, usually at the check-in counter, should remove the I94. If this occurs, the passenger's departure from US will not get registered with USCIS. If this happens, the next time you apply to enter USA your visa may be subjected to cancellation or you may denied enter into USA.”

In my case, Due to an oversight the card is not removed and still with me. Now I am again going for Visa stamping on L1 -B blanket category, where petition is approved.


Will my visa get denied due to I94 issue? Help required immediately as visa stamping date is near by. Any help appreciated.



Thank you.

Regards
Jigar

 

[bhoray]

This is a serious matter cos if you still have your I94, USCIS will have no record of your deoarture from the US. there is an address somewhere where you r supposed to send your i94 if this happens, just make sure u keep a copy, in addition you shld send along with the i94, evidence of your departure such as flight tickets, boarding pass stubs, copy of the page of ur passport that was stamped when u entered the country u departed the US for and basically all the supporting evidence u can gather.

The address to send the I94 plus proof of departure to is:
I94
ACS Inc
1084 South Laurel Rd
London, Kentucky 40744

I found the following on www.path2usa.com, you may want to go there for futher information:

What should I do if I did not turn in my I-94 (Arrival / Departure Record) when I left the U.S.?

It is common and happened in many cases that I94 is not taken out by the airline checking counter at the airport while leaving the USA. You should always check whether airline checking person should take your I94, if not ask him/her to take it.
If for some reason you find that later once you already exit the USA and you send the the original I-94 to the following address:

ACS, Inc.
1084 South Laurel Road
London, Kentucky 40744

You must include with proof of departure. Suggested proof includes the arrival stamp in one's passport and the boarding pass from the flight. Always keep the copies of any documents submitted. The authorities warns that, without proof of the departure, there is no guarantee that the information will be entered into their system. This is logical, since otherwise, people could send the documentation and claim departure on a different date.

Check official wordings from CBP website on this Question.

 

[bhoray]

Found this on CBP.gov:

I did not turn in my I-94 when I left the U.S., what should I do?

Question
I did not turn in my I-94 when I left the U.S., what should I do?

Answer
Failure to turn in your I-94 (or I-94W) when you leave the U.S. can create a serious problem. Without this record of your departure, you will be identified in our records as an "overstay." Being identified as an overstay means that you will be denied re-entry into the U.S. If you failed to turn in your I-94, please send it - along with any documentation that proves you left the U.S. to ACS Inc.1084 South Laurel Rd., London, Kentucky 40744.

Documentation to prove your departure can include the boarding pass from your flight. If you exited the country by a land border it is much harder to verify that you did- in fact - leave the country on the date you claim. If you have any documentation of your arrival in your home country (i.e. passport stamp), then you should send a copy of that. If the above office does not have any supporting documents to substantiate your claim to have left the U.S. on a certain date, there is no guarantee that you will be entered into the record as having done so.We strongly urge you to keep a copy of what you send to ACS Inc. and to carry it with you the next time you come to the U.S. in case the CBP officer has any questions about your eligibility to enter.

If you want to confirm that your I-94 was received by ACS, please give them 4 months to process the paperwork. Then you can write the following address to determine whether or not your departure was recorded. If you turned in the I-94 when you left the U.S. as required, please do NOT request confirmation that it is on file. This process is only for people who did not turn in the I-94 when they exited the U.S.

You will need to provide your name, date of birth, passport number, and date of departure, in addition to asking whether or not your departure was recorded. U.S. Customs and Border Protection Air Sea Passenger Operations, Room 5.4D, 1300 Pennsylvania Ave., N.W., Washington D.C. 20229.