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Revalidating I-94
- Thread starter bluemtn
- Start date
Came to Canada I-94 Issue: URGENT
I flew to Canada for landing purpose, the air line crew of Air Canada took away my I-94 while leaving the USA. I plan to stay in Canada for five days. Is it going to be a problem (surrendering I-94) while returning to USA? (I do have Advanced Parole).
Please please help, this is urgent................
I flew to Canada for landing purpose, the air line crew of Air Canada took away my I-94 while leaving the USA. I plan to stay in Canada for five days. Is it going to be a problem (surrendering I-94) while returning to USA? (I do have Advanced Parole).
Please please help, this is urgent................
Hi,
Could you some answer my question. We have valid Visa until 2008 Oct 1st. Last year i changed the company. so i got I797 with new I-94 and valid until 2010 Oct. But 3 months back my wife and daughter went to India for vacation and they were back on Aug 25th 2008. They got I-94 until Oct 11th 2008. Here my questions.
1. Do i need to fill an I-94 extension? If so, what is the procedure to fill the I-94. and do i need to file or employeer need to fill it?
2. Is it posible to get the new I-94 with dates as per I797 if I reenter the country (If i go mexico)?
Could you some answer my question. We have valid Visa until 2008 Oct 1st. Last year i changed the company. so i got I797 with new I-94 and valid until 2010 Oct. But 3 months back my wife and daughter went to India for vacation and they were back on Aug 25th 2008. They got I-94 until Oct 11th 2008. Here my questions.
1. Do i need to fill an I-94 extension? If so, what is the procedure to fill the I-94. and do i need to file or employeer need to fill it?
2. Is it posible to get the new I-94 with dates as per I797 if I reenter the country (If i go mexico)?
Amber Triplett
Registered Users (C)
Passport Must Have at Least Six (6) Months Validity
Any time you apply for an H-1B extension, change of employer, concurrent part-time H-1B in addition to primary visa, etc., your passport must be valid for at least six months in advance of your application date.
However, in your situation, you were in a valid H-1B status, but exited the US and your passport was not valid throughout the ending validity of your H-1. As a result, upon re-entry, you couldn't receive the entire length of stay of your H-1 validity. You were then required to renew your passport.
After your passport has been renewed, you would need to apply for an H-1B extension. However, this application cannot be initiated until six month prior to the expiration date that you received upon your last entry.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
Any time you apply for an H-1B extension, change of employer, concurrent part-time H-1B in addition to primary visa, etc., your passport must be valid for at least six months in advance of your application date.
However, in your situation, you were in a valid H-1B status, but exited the US and your passport was not valid throughout the ending validity of your H-1. As a result, upon re-entry, you couldn't receive the entire length of stay of your H-1 validity. You were then required to renew your passport.
After your passport has been renewed, you would need to apply for an H-1B extension. However, this application cannot be initiated until six month prior to the expiration date that you received upon your last entry.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
I am not sure how I should approach this issue. Here is my situation:
My H1-B visa expires 12/DD/2005. (I have visa stamped in my passport until that date)
My Indian passport expires 04/DD/2004.
I returned from a short vacation to India in mid-July. The Immigration officer at SFO airport told me that although I have a valid visa until 12/2005, but since my passport expires in 04/2004, he can only validate (Admit Until) my I-94 until 04/DD/2004. He said that after getting my passport renewed, I can apply to the local INS/BCIS office to extend the I-94.
My question is has anyone gone through this type of problem, wherein you have had to extend your I-94, without leaving the country? Can any tell me what I should do once I get my passport renewed. I live in Phoenix, AZ and I am not sure if I should approach the local INS/BCIS office or should I send my passport to the INS?BCIS office in California service center.
Thanks in advance to all your replies and help.
Amber Triplett
Registered Users (C)
Your Dependents Need H-4 Extensions
Your dependents initially entered the U.S. through the consulate in your home country on H-4 visas (most likely). Although you filed an H-1B change of employer petition and received three more years of validity, your dependents are still under their initial H-4 visas. After they enter the US on their H-4 visas and their expiration date nears, they must file a petition while inside the US to extend their H-4 visas until your validity ending date you just received.
I'll be glad to help.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
Hi,
Could you some answer my question. We have valid Visa until 2008 Oct 1st. Last year i changed the company. so i got I797 with new I-94 and valid until 2010 Oct. But 3 months back my wife and daughter went to India for vacation and they were back on Aug 25th 2008. They got I-94 until Oct 11th 2008. Here my questions.
1. Do i need to fill an I-94 extension? If so, what is the procedure to fill the I-94. and do i need to file or employeer need to fill it?
2. Is it posible to get the new I-94 with dates as per I797 if I reenter the country (If i go mexico)?
Your dependents initially entered the U.S. through the consulate in your home country on H-4 visas (most likely). Although you filed an H-1B change of employer petition and received three more years of validity, your dependents are still under their initial H-4 visas. After they enter the US on their H-4 visas and their expiration date nears, they must file a petition while inside the US to extend their H-4 visas until your validity ending date you just received.
I'll be glad to help.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
Amber Triplett
Registered Users (C)
I-797 Serves as "I-94" while inside US
If you have already been issued an H-1B visa, for instance, and your I-94 expires on a certain date, but you file an extension while inside the US and receive an I-797 with a date that is farther in advance of your I-94, you will use your I-797 as your current and correct validity expiration date. If you are inside the US and file an extension, you are not required to get your visa stamped with the new date. However, if you did exit the US, you would receive a new visa stamp and consequently, a new I-94 with a matching validity date of the new expiration.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
Almost two years back I got my I-797, valid till Aug, 2007. When I came back to US in Dec 2005 my passport was expiring in Jun 2006 and VISA on Dec 31, 2005. Immigration officer told me that he cannot issues I-94 for a date later than my passport expiration.
Then I got the same passport extended by my embassy for another three years. Now I have valid I-797 but expiring I-94. Can I get just my I-94 extended?
Thanks in advance.
If you have already been issued an H-1B visa, for instance, and your I-94 expires on a certain date, but you file an extension while inside the US and receive an I-797 with a date that is farther in advance of your I-94, you will use your I-797 as your current and correct validity expiration date. If you are inside the US and file an extension, you are not required to get your visa stamped with the new date. However, if you did exit the US, you would receive a new visa stamp and consequently, a new I-94 with a matching validity date of the new expiration.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
Amber Triplett
Registered Users (C)
Unfortunately, you must apply for visa extension
Unfortunately, since your visa was only granted through the expiration of your passport, you will need to apply for an extension of whatever visa you are currently under.
If you are in an H-1B status, you must apply for an extension prior to the expiration date of your current status...I like to apply for extensions approximately three to four months prior to the current expiration date, however, as long as the extension is filed prior to the current expiration, you will remain in a valid status throughout the adjudication process.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
Almost two years back I got my I-797, valid till Aug, 2007. When I came back to US in Dec 2005 my passport was expiring in Jun 2006 and VISA on Dec 31, 2005. Immigration officer told me that he cannot issues I-94 for a date later than my passport expiration.
Then I got the same passport extended by my embassy for another three years. Now I have valid I-797 but expiring I-94. Can I get just my I-94 extended?
Thanks in advance.
Unfortunately, since your visa was only granted through the expiration of your passport, you will need to apply for an extension of whatever visa you are currently under.
If you are in an H-1B status, you must apply for an extension prior to the expiration date of your current status...I like to apply for extensions approximately three to four months prior to the current expiration date, however, as long as the extension is filed prior to the current expiration, you will remain in a valid status throughout the adjudication process.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
Amber Triplett
Registered Users (C)
IF USCIS approved it, you are okay
However, since the H-1B is employment-specific, USCIS requires that you maintain your current H-1B employment in order to change employers. This is called "maintenance of status" and is usually proven by submitting check stubs with the change of employer (or transfer) petition. Apparently, the USCIS Adjudicating Officer did not disprove of the gap in employment. As such, your petition received approval. I typically advise people of the USCIS portability provision, which states that you must be maintaining your current status.
In other words, there should be no gaps in employment.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
I joined 'B' company and 'B' applied for H1 extension (10/03/2005) before I-94 expires (12/25/2005). B's H1 got approved but the Valid FROM date is given 1 month after I-94 expiration date. Is this ok when re-validating the H1?
Thanks in advance!!
However, since the H-1B is employment-specific, USCIS requires that you maintain your current H-1B employment in order to change employers. This is called "maintenance of status" and is usually proven by submitting check stubs with the change of employer (or transfer) petition. Apparently, the USCIS Adjudicating Officer did not disprove of the gap in employment. As such, your petition received approval. I typically advise people of the USCIS portability provision, which states that you must be maintaining your current status.
In other words, there should be no gaps in employment.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
According to USCIS on the subject, H-1B workers are considered out of status from the day they stop working. It makes no difference that they may still be receiving pay. However, status is normally shown through pay stubs submitted with the new employer's H-1B petition.
As long as there is no misrepresentation of the situation, since the USCIS often overlooks brief gaps in pay stubs, it may be possible to obtain an extension or change of status, during a period when one is receiving severance payments. (also see http://www.greencardapply.com/h1b/h1b_faq.htm)
That is the reason the person got H1B approval, because USCIS adjudicators often "overlooks brief gaps in pay stubs" for H1B case, not "did not disprove of the gap in employment", as suggested by Amber Triplett.
If it is I-485 case, USCIS often will not "overlook brief gaps in pay stubs", but for the H1B case, they often will overlook for brief gaps.
As long as there is no misrepresentation of the situation, since the USCIS often overlooks brief gaps in pay stubs, it may be possible to obtain an extension or change of status, during a period when one is receiving severance payments. (also see http://www.greencardapply.com/h1b/h1b_faq.htm)
That is the reason the person got H1B approval, because USCIS adjudicators often "overlooks brief gaps in pay stubs" for H1B case, not "did not disprove of the gap in employment", as suggested by Amber Triplett.
If it is I-485 case, USCIS often will not "overlook brief gaps in pay stubs", but for the H1B case, they often will overlook for brief gaps.
shubha1977us
New Member
extend i-94 as passport expiry problem
I do have the same situation as urs.my passport expire by november 2009.I have visa till next jun 2010.but i-94 they gave till november 2009.How to extend i-94 after renewing passport.I already renewed passport.what will be next step.
I do have the same situation as urs.my passport expire by november 2009.I have visa till next jun 2010.but i-94 they gave till november 2009.How to extend i-94 after renewing passport.I already renewed passport.what will be next step.
I am not sure how I should approach this issue. Here is my situation:
My H1-B visa expires 12/DD/2005. (I have visa stamped in my passport until that date)
My Indian passport expires 04/DD/2004.
I returned from a short vacation to India in mid-July. The Immigration officer at SFO airport told me that although I have a valid visa until 12/2005, but since my passport expires in 04/2004, he can only validate (Admit Until) my I-94 until 04/DD/2004. He said that after getting my passport renewed, I can apply to the local INS/BCIS office to extend the I-94.
My question is has anyone gone through this type of problem, wherein you have had to extend your I-94, without leaving the country? Can any tell me what I should do once I get my passport renewed. I live in Phoenix, AZ and I am not sure if I should approach the local INS/BCIS office or should I send my passport to the INS?BCIS office in California service center.
Thanks in advance to all your replies and help.
Left country while H1b Ext was in progress - different I-94 #s
I traveled out of US while my H1B extension was filed (in process) and surrendered my I-94 with say #123 while leaving the country. I reentered the country on my old stamped visa and got a new I-94 say # ABC. After I reentered US, my H1B extension was approved and I-797 came with extended I-94 but with same # as the old one, which was 123. My current new I-94 # ABC expires soon since it was as per my old visa.
Question: Will I be out of status after the expiration of my current I-94 # ABC? Since the # on the extended I-94 is same as the old one that I surrendered and is different from the current #ABC. Is there any future potential risks with GC processing or restamping due to this mismatch?
I traveled out of US while my H1B extension was filed (in process) and surrendered my I-94 with say #123 while leaving the country. I reentered the country on my old stamped visa and got a new I-94 say # ABC. After I reentered US, my H1B extension was approved and I-797 came with extended I-94 but with same # as the old one, which was 123. My current new I-94 # ABC expires soon since it was as per my old visa.
Question: Will I be out of status after the expiration of my current I-94 # ABC? Since the # on the extended I-94 is same as the old one that I surrendered and is different from the current #ABC. Is there any future potential risks with GC processing or restamping due to this mismatch?
easteuropean
Registered Users (C)
I traveled out of US while my H1B extension was filed (in process) and surrendered my I-94 with say #123 while leaving the country. I reentered the country on my old stamped visa and got a new I-94 say # ABC. After I reentered US, my H1B extension was approved and I-797 came with extended I-94 but with same # as the old one, which was 123. My current new I-94 # ABC expires soon since it was as per my old visa.
Question: Will I be out of status after the expiration of my current I-94 # ABC? Since the # on the extended I-94 is same as the old one that I surrendered and is different from the current #ABC. Is there any future potential risks with GC processing or restamping due to this mismatch?
It's a technical issue - and not a legal one. If USCIS should have issued your I-797 with the new I-94 (ABC) if they knew it. Legally, the most recently issued I-94 supersedes all others, despite the number, so you are good.
Next time you reenter the country you will get a new I-94, based on the approved I-797 and visa your passport so it will all be resolved.
If you don't plan to reenter the country anytime soon, and you are really worried, you can go and talk to the folks at the port of entry - they have an office somewhere at the airport terminal. Explain how that the I-94 from USCIS got issued with the wrong (old number), but is actually the most recently issued one. They should be able to write it down in their system.
Can H4 travel while H1b approval is pending for RFE?
I have heard that H4 can't travel while your H1b is pending for approval. If you do then, your status is again H4 and H1 application will become invalid. But my case is little different, I have got the RFE, and in that it is specifically asked, "Submit evidence that beneficiary has been maintaining valid H4 status at the time of filing this petition".
So now, If I travel outside of the US & come back and then my employer respond to RFE with my old I-94 and new I-94 , what will happen to my application? Will USCIS consider adjustment of status? OR as I have heard from local folks, that they will just grant H1b but not change the status. I have to go out of the US after Oct to get valid H1 I-94 and then only I can start work?
Please advise..
Thanks
Patel.
I have heard that H4 can't travel while your H1b is pending for approval. If you do then, your status is again H4 and H1 application will become invalid. But my case is little different, I have got the RFE, and in that it is specifically asked, "Submit evidence that beneficiary has been maintaining valid H4 status at the time of filing this petition".
So now, If I travel outside of the US & come back and then my employer respond to RFE with my old I-94 and new I-94 , what will happen to my application? Will USCIS consider adjustment of status? OR as I have heard from local folks, that they will just grant H1b but not change the status. I have to go out of the US after Oct to get valid H1 I-94 and then only I can start work?
Please advise..
Thanks
Patel.
kaur_sim84
New Member
How to void/cancel h1B
Hello,
I entered US on L1B visa from company A which was supposed to get expired in Jul'13. My current employer(Company A) filed L1B to L1A conversion with I-94 in Jul’13 before the expiration and it is now approved.
I asked one consultant to file H1B for me in Apr. He filed H1B with COS and I-94 from L1B to H1B( as I was on L1B in Apr'13). My name got selected in lottery and the current status of my petition is Initial review.
Now my questions are:
1) Will my H1B be approved (since my status changed from L1B to L1A)?
2) If answer to question 1 is yes then will it change my status again from L1A to H1B after 1st Oct’13 as I am not willing to join the consultant now or ever in future?
3) If answer to question 2 is yes then how can I continue on L1A status as the consultant is not willing to withdraw his H1B Petition?
Thanks,
Simran
Hello,
I entered US on L1B visa from company A which was supposed to get expired in Jul'13. My current employer(Company A) filed L1B to L1A conversion with I-94 in Jul’13 before the expiration and it is now approved.
I asked one consultant to file H1B for me in Apr. He filed H1B with COS and I-94 from L1B to H1B( as I was on L1B in Apr'13). My name got selected in lottery and the current status of my petition is Initial review.
Now my questions are:
1) Will my H1B be approved (since my status changed from L1B to L1A)?
2) If answer to question 1 is yes then will it change my status again from L1A to H1B after 1st Oct’13 as I am not willing to join the consultant now or ever in future?
3) If answer to question 2 is yes then how can I continue on L1A status as the consultant is not willing to withdraw his H1B Petition?
Thanks,
Simran
sukanya leka
New Member
Thank you for sharing this best information..it's really great..
Hello Mr. Rajiv,
My I-94 is going to expire in Feb 2018 due to my old passport validity which is valid till Feb 2018, though my H1-B Visa is valid till Aug 2018. But later I applied for new passport and received it.
Now I have to extend my I-94.
I have seen so many posts on I-94 extension where people went to Mexico and came back with new I-94. But for me Canada Border is near as I am staying in OREGON state from where I am planning to go.
When I called to my Point of Entry Airport (i.e. Dallas Fort Worth) then they said you have to visit any other country instead of Canada and Mexico to get new I-94 or else your stay must be 30 days in Canada/Mexico.
If I am not wrong then to get new I-94 I have to go outside US. Does it matter its Canada or Mexico for CBP?
Please suggest if is it worthy to visit Canada and get new I-94 without any issue or what best option I have?
Please advise asap.
Thank You.
My I-94 is going to expire in Feb 2018 due to my old passport validity which is valid till Feb 2018, though my H1-B Visa is valid till Aug 2018. But later I applied for new passport and received it.
Now I have to extend my I-94.
I have seen so many posts on I-94 extension where people went to Mexico and came back with new I-94. But for me Canada Border is near as I am staying in OREGON state from where I am planning to go.
When I called to my Point of Entry Airport (i.e. Dallas Fort Worth) then they said you have to visit any other country instead of Canada and Mexico to get new I-94 or else your stay must be 30 days in Canada/Mexico.
If I am not wrong then to get new I-94 I have to go outside US. Does it matter its Canada or Mexico for CBP?
Please suggest if is it worthy to visit Canada and get new I-94 without any issue or what best option I have?
Please advise asap.
Thank You.
1AurCitizen
Registered Users (C)
You may have asked the wrong questions. The agent was incorrect if he meant that "AUTOMATIC VISA REVALIDATION" was compulsory. It is not. You can ask for and get a new I94 should you want. Which specific border crossing are you talking about?
Make sure to run this by your employer/Lawyer as they may have different ideas to sort this problem out including filing another H1 petition.
Make sure to run this by your employer/Lawyer as they may have different ideas to sort this problem out including filing another H1 petition.