Should I file I-894 and get a duplicate I-797??

H

H1Bee

Registered Users (C)
Hello folks,

I have a valid H1B visa. Last year, when I returned from a trip abroad, the CBP official at the airport pointed out to me that my passport was expiring in September 2005, and he proceeeded to issue an I-94 that expired by that date and told me to get my passport renewed/extended and apply for another I-94. When I did so, USCIS told me to file for an extension of H1B and replace my I-94. My lawyer advised me to make a trip abroad (Canada/Mexico) instead and that I would get a new I-94 on re-entry.
So I undertook a trip to Canada and surrendered my I-94 at the border at Blaine, WA. On my return, the CBP official issued me a new I-94 but insisted on keeping the bottom portion of the I-797. I insisted that the left portion was to be retained for my records, but he turned hostile and told me that if I wanted re-entry, he needed to keep both parts...So I chose to let it go and came away with a new I-94, but no bottom of I-797.
I fear that I will face a problem when I leave the country again (with no original bottom portion of I-797)...
Should I file I-894 to get a duplicate I-797 issued? My lawyer says that it is not necessary, but I want to cover all my bases...
Any suggestions or advice is appreciated.

Thanks
 
H1Bee said:
Hello folks,

I have a valid H1B visa. Last year, when I returned from a trip abroad, the CBP official at the airport pointed out to me that my passport was expiring in September 2005, and he proceeeded to issue an I-94 that expired by that date and told me to get my passport renewed/extended and apply for another I-94. When I did so, USCIS told me to file for an extension of H1B and replace my I-94. My lawyer advised me to make a trip abroad (Canada/Mexico) instead and that I would get a new I-94 on re-entry.
So I undertook a trip to Canada and surrendered my I-94 at the border at Blaine, WA. On my return, the CBP official issued me a new I-94 but insisted on keeping the bottom portion of the I-797. I insisted that the left portion was to be retained for my records, but he turned hostile and told me that if I wanted re-entry, he needed to keep both parts...So I chose to let it go and came away with a new I-94, but no bottom of I-797.
I fear that I will face a problem when I leave the country again (with no original bottom portion of I-797)...
Should I file I-894 to get a duplicate I-797 issued? My lawyer says that it is not necessary, but I want to cover all my bases...
Any suggestions or advice is appreciated.

Thanks
Click to expand...

Actually when you go out of US you should have handed over your I 94 bottom along with old white I 94 card. That is the reason he took it while you are coming back.

Since you have new I 94, you do not need bottom portion at all.

While renewing the H1 or transfering next time make sure your attorney have the copy (both side) of your new I 94.
This time you will get H1 approval notice with bottom I 94 which bear your new white card I 94 number.
 
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