I've been in the US for 5 years at this point. I originally entered on a TN visa, renewed that once, then I've been on an H1B since. The H1B is in the process of being renewed, LC is "close" and I'm hoping we'll be able to start I-140 / AOS soon.
Our lawyer has suggested that when I re-enter the US in 2 weeks (going up to Canada for vacation), I should ask for an I-94 at the US border by presenting my current I-797 (H1B), and proof that I still work for my employer (letter from company, recent pay stubs). He suggested that this would provide a "record of entry" which could help with AOS...
Given that I may be coming back on a Saturday, I'm concerned that this isn't all that necessary and that by doing this, there is the remote chance that I could get held up at the border until they are able to reach someone from my company to verify my employment.
I never travelled on either TN but I've travelled 2x on the H1B. When returning to the US on those occasions I presented my I-797 and passport to the border guard and was pretty much waved through after they looked at this. The original TN had an associated I-94 (stamped into the passport) which expired after 1 year and I've never had a I-94 since afaik (my understanding is that Canadians entering on H visas don't need an I-94?).
Does anyone have any thoughts on why I shouldn't just do what I've always done and skip asking for an I-94. Is there really any advantage to getting the I-94?
FWIW, this isn't for 245(k) "protection" -- I've never been out of status in the 5 years since I entered (nor prior to that afaik). I wonder if our lawyer was thinking in terms of oversees travel or travel in a situation where the I-94 *is* required...?
ETA
Our lawyer has suggested that when I re-enter the US in 2 weeks (going up to Canada for vacation), I should ask for an I-94 at the US border by presenting my current I-797 (H1B), and proof that I still work for my employer (letter from company, recent pay stubs). He suggested that this would provide a "record of entry" which could help with AOS...
Given that I may be coming back on a Saturday, I'm concerned that this isn't all that necessary and that by doing this, there is the remote chance that I could get held up at the border until they are able to reach someone from my company to verify my employment.
I never travelled on either TN but I've travelled 2x on the H1B. When returning to the US on those occasions I presented my I-797 and passport to the border guard and was pretty much waved through after they looked at this. The original TN had an associated I-94 (stamped into the passport) which expired after 1 year and I've never had a I-94 since afaik (my understanding is that Canadians entering on H visas don't need an I-94?).
Does anyone have any thoughts on why I shouldn't just do what I've always done and skip asking for an I-94. Is there really any advantage to getting the I-94?
FWIW, this isn't for 245(k) "protection" -- I've never been out of status in the 5 years since I entered (nor prior to that afaik). I wonder if our lawyer was thinking in terms of oversees travel or travel in a situation where the I-94 *is* required...?
ETA
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