Should I surrender the H-1b I-94 card?

G

ganshm

Registered Users (C)
I want to travel using AP abroad. I have a valid H-1b now. My passport has my F-1 I-94 form (showing D/S or duration of status). There is a H-1b I-94 form that came with H-1b approval notice.

When I leave the US, should I surrender the H-1b I-94 card to the airlines? Or just give them the F-1 I-94 card? I want to continue to work under H-1b after I come back.
 
I had the same doubt a couple of years ago. Asked my lawyer, he said "surrender both". So I did. No problems since.
 
The correct advise would be "surrender all of them", because there might be more than two, naturally.

The reason why you should do this is very simple. I-94 means something only if you are in the country. Once you left and try to re-enter, you have to present a valid entry document (e.g. a visa), which will determine your admission status and, subsequently, I-94 issue.

The only exception I know of is Canada. When I traveled there about two years ago, they did not take my I-94's and did not issue any new I-94 when I came back. Go figure. Perhaps, Mexican border zone is pretty much the same.

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Keep copies of your I-94's, though. Your lawyer probably already has them, but you want to keep your own records.
 
How can u have 2 I-94.

If I a not wrong you haven't stamped your h1 visa on your passport yet. Which implies the second I-94 you are talking about is part of the h1-b visa.

The first i-94 is when you entered US on f1.

You will only have to surrender the the one which came with your f1 and the other one will be required when you go to the consulate for stamping the h1 visa.
 
No H-1b stamp.

Correct. I came to US on F-1 and later changed to H-1b within the States. So I wonder if I should surrender both I-94s (the one for F-1, and another from H-1b approval notice).
 
When you leave US you will only surrender the one from f1, infact the guy at the airport will only take that one.

If you plan to get your visa stamped, then the consulate will ask for that I-94 and return it to you. Then at the port of entry if you are using your I-94 to renter then the Imigration officer will ask for it.

If you use the AP, i don't think they will care about your h1 i-94
 
MygcWaiter,

I believe that you got it all wrong.

The whole purpose of I-94 forms is to track departure of non-immigrants. Therefore, when you leave the country, you must surrender your I-94 to an immigration official or to an airline employee (the airline will forward all collected I-94's to INS). While you are in the country, your I-94 indicates your current status and its duration (if applicable). If the duration is set (say, for H-1 visas), you must leave the country before the indicated date (given that no other circumstances would allow you to stay legally), otherwise you will be deemed out-of-status and any further presence in the country will be counted towards illegal stay. That is why it is very important to surrender I-94 on departure, otherwise it might be very hard or simply impossible to prove that you have left the country before the authorized stay period has ended.

Now, to the multiple I-94's issue. Entering the country, you get your first I-94. However, different filings with INS may result in additional I-94's, which effectively become current making all previous ones obsolete. Such filings include, but not limited to change of non-immigrant status, amendment (company name change or merger) and extension of status. While all previous I-94's are useless, indeed, it is recommended to surrender them all (keeping copies, as noted earlier in this thread, should a need to prove your legal status arise, they would provide ample evidence). Returning from the trip and entering the country, you must fill out a completely new I-94 form and submit it to the immigration officer at POE for stamping. The same thing goes for Advance Paroles as well.

Hope this little essay clarifies the issue a little bit.
 
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MygcWaiter,

it still does not prove that you have been subjected to a common practice.

My knowledge, backed by multiple travels on H-1B and Advance Parole, indicates that surrendering the latest I-94 is normal and natural, and getting new I-94 on return is normal and natural, too.

Actually, I traveled to Vancouver, Canada once to get a new H-1B visa stamp in my passport. The consulate cared about the original approval notice only. I would be very surprised if they asked me about my I-94's, because they should not expect any.
 
As per Bitterman and I140 advice, my family returned two I-94s, the white one that they got during the previous entry and the bottom portion of the current H4 visas. But the airline staff tore of and kept the right half of the new I94 and gave back the left half to us. That will be our copy. The lower right half will be returned to INS. So it is better to take copies of all I94s and to return all of them to the airline staff on your exit. Even if you go for visa stamping you can still give the H1 visa with the lefthand portion of the I94.
Don't worry and surrender all I94.
 
Please read the text on your approval notece...

One should surrender all I-94s while exiting the country as "BitterMan" and few others explained in this thread. New I-94 will have case number printed on it using which the INS official will get begin and end dates for the extension.

H1B approval will have three parts. If you have H1B approval or copy in your possession please read instructions mentioned on it! Here is the exact text from a H1B approval notice with I-94 attached to it:

"..The petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. He or she should keep the right part with his or her Form I-94. Arrival Departure Record. This should be turned in with the I-94 when departing the U.S. The left part is for his or her records. A person granted an extension of stay who leaves the U.S. must normally obtain a new visa before reentry. The left part can be used in applying for the new visa..."

I hope now there should not be any question on what to do with that new I-94 :)

-PCee
 
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