Should I turn in I-94 when departure?

[fastapproval]

My question is about I-94.

I have AP travel document. My current visa is H-1. I will leave for China next month on a business trip. Since my I-140 was approved, I decide to return on AP without applying for a new H-1. I don’t know whether or not I should turn in my I-94 when departure. I heard three answers below:

(1). Since you won’t apply visa in China, you don’t need to turn in your I-94 when departure so you don’t get another I-94 when return. You only receive I-94 when you return on a visa status;

(2). No matter you apply visa or not, you should turn in I-94 when departure and get another I-94 (with same number) when return;

(3). No matter you apply visa or not, you should turn in I-94 when departure and get another I-94 (with different number) when return.

Which answer is correct? Anyone has similar experience? Please advice! Thank you in advance.

 

[TheRealCanadian]

(3). No matter you apply visa or not, you should turn in I-94 when departure and get another I-94 (with different number) when return.

This is the correct answer. The only time you would not turn in an I-94 is for a short (> 30 day) visit to Canada or Mexico.

 

[fastapproval]

This is the correct answer. The only time you would not turn in an I-94 is for a short (> 30 day) visit to Canada or Mexico.

Thanks for your prompt reply.

One of my friends had F-1 visa and turned in his I-94 when he was leaving for China. He applied for a new F-1 visa in China. When he entered the US, he got a new I-94 with same number as his old I-94. The immigration officer was mad on him because my friend didn't tell what his old number was at the beginning, so the officer had to changed from a number to his old number.

Did my friend or this officer do anything wrong? Or his situation was different from mine, I should have a different number? Thanks again.

 

[TheRealCanadian]

Did my friend or this officer do anything wrong? Or his situation was different from mine, I should have a different number? Thanks again.

The officer was a jerk. There's no reason for the I-94 to have the same number, since it's a different arrival. In fact, if the old I-94 was turned in the new I-94 should probably have a DIFFERENT number.

 

[Madison04]

Thanks for your prompt reply.

One of my friends had F-1 visa and turned in his I-94 when he was leaving for China. He applied for a new F-1 visa in China. When he entered the US, he got a new I-94 with same number as his old I-94. The immigration officer was mad on him because my friend didn't tell what his old number was at the beginning, so the officer had to changed from a number to his old number.

Did my friend or this officer do anything wrong? Or his situation was different from mine, I should have a different number? Thanks again.

Are you really sure about his story? Because I don't even think it is possible to produce a same-number I-94 on the spot. Moreover, like the other poster said, it doesn't make any sense to issue a new I-94 with the same old number. --In short, I believe what TheRealCanadian said is true.

 

[fastapproval]

The officer was a jerk. There's no reason for the I-94 to have the same number, since it's a different arrival. In fact, if the old I-94 was turned in the new I-94 should probably have a DIFFERENT number.

Yes, there was originally a new number (printed) on my friend's new I-94 card. But the immigration officer cross this number with pen, and wrote down my friend's old I-94 number on his new I-94 card. So my friend still has same I-94 number even though he left country once. Any problems my friend may have in the future?

 

[TheRealCanadian]

Yes, there was originally a new number (printed) on my friend's new I-94 card. But the immigration officer cross this number with pen, and wrote down my friend's old I-94 number on his new I-94 card. So my friend still has same I-94 number even though he left country once. Any problems my friend may have in the future?

There shouldn't be a problem. Where'd the officer get the old I-94 number?

 

[fastapproval]

There shouldn't be a problem. Where'd the officer get the old I-94 number?

My friend had his old I-94 number on a piece of paper because he thought the immigration officer may need this number when he was coming back. So when re-entry, he gave it to the officer. The officer was mad and blame my friend why he didn't show him the old number earlier, then the officer cross the number on new I-94 and wrote dwon the old number.

 

[dyingforgc]

My friend had his old I-94 number on a piece of paper because he thought the immigration officer may need this number when he was coming back. So when re-entry, he gave it to the officer. The officer was mad and blame my friend why he didn't show him the old number earlier, then the officer cross the number on new I-94 and wrote dwon the old number.

Officer did a wrong thing.

 

[bbli]

my experience

I remember when I was still on F-1 Visa (7-8 years ago), each time I returned at POE, the officer crossed the new # on my I-94 and wrote down the old # on it. He got that old # from my I-20 (you have to show your I-20 at POE if you are on F-1 status). It was stamped on my I-20 the day I first entered to USA with F-1 Visa. I have travelled out of the country several times, and the officer always write the old # on the I-94 form. After I got my H-1B visa, they didn't use the old # anymore. They law may have changed now, that officer is probably still following the old rules.


bbli

 

[newbies]

The officer was a jerk. There's no reason for the I-94 to have the same number, since it's a different arrival. In fact, if the old I-94 was turned in the new I-94 should probably have a DIFFERENT number.

Wrong, you should use the old I-94 number (try to use 1 number all the time) to reduce complexity.

 

[TheRealCanadian]

Wrong, you should use the old I-94 number (try to use 1 number all the time) to reduce complexity.

It's a seperate departure and entry, so seperate I-94s can certainly be issued. I'm at a loss as to how you can consider it less complex when a person has turned in an I-94 and it's still being used.

Again, there's no need to use the same I-94 number if you're getting a new card. If you turned in the old I-94 on departure, there's no need to give CBP the number; they'll decide what they want to do.

 

[fastapproval]

I remember when I was still on F-1 Visa (7-8 years ago), each time I returned at POE, the officer crossed the new # on my I-94 and wrote down the old # on it. He got that old # from my I-20 (you have to show your I-20 at POE if you are on F-1 status). It was stamped on my I-20 the day I first entered to USA with F-1 Visa. I have travelled out of the country several times, and the officer always write the old # on the I-94 form. After I got my H-1B visa, they didn't use the old # anymore. They law may have changed now, that officer is probably still following the old rules.


bbli

bbli, after you got H-1B visa, did you use AP or new H-1B to come back? What did you mean "they didn't use old # anymore"? Did you get a new I-94 number every time upon re-entry after your visa changed from F-1 to H-1B? So the I-94 number change or not depends on visa type?

I am confused now. For those who had H-1B visa before left US and returned on AP, please also advice!

I have another question: if I use AP, do I still have a valid H-1B after I come back? Using AP has any negative impacts?

 

[bbli]

bbli, after you got H-1B visa, did you use AP or new H-1B to come back? What did you mean "they didn't use old # anymore"? Did you get a new I-94 number every time upon re-entry after your visa changed from F-1 to H-1B? So the I-94 number change or not depends on visa type?

QUOTE]

After I changed my status to H-1, I used H-1B visa to come back to US. Each time I came back with H-1B visa, I got a new # on I-94. I never had to use AP to come back, so I don't know if it is different when someone comes back with AP.

I didn't mean to confuse anyone, but my experience was, the officer used the same # for my I-94 while I was on F-1 Status, but not after I changed to H-1 status. I don't know if this is still the same now, or it has been changed. As far as I know, they can use the same I-94# to track our departure/arrival record. It happened to some of my friends as well (while they were on F-1 status). If your case is H-1B, you should get a new #.


bbli

 

[dyingforgc]

I have another question: if I use AP, do I still have a valid H-1B after I come back?

Yes.

Using AP has any negative impacts?

Only impact would be expiry of your new I-94, which will be stamped as paroled, will be same as your AP expiry date.

 

[dzxing]

H-1 status after AP use

Yes.

Only impact would be expiry of your new I-94, which will be stamped as paroled, will be same as your AP expiry date.

So, let's say I used AP, came back, and keep working for the same employer in accordance with LCA. I am apparently in H-1 status then, even given that I-94 says "parolee".

What now happens when I-94 expires?

Can my employer file COS to H-1 so that I would get new I-94 saying "H-1" until end of H-1 petition? Or maybe EOS?

What happens if I-485 is denied? Can my employer file COS to H-1 for me after denial?

I am trying to understand how one should act if he wants to use AP and at the same time be in H-1 status to keep staying in US if I-140/I-485 is denied.

Assume that the person never had H-1 visa stamp and does not want to do stamping because of possible long delays.

thanks,
/dzxing

 

[yoyo_godmom]

Agree with bbli.

At least several years ago, when I used the same I-20 to enter the US, I was told to use the first I-94 number (also written on my I-20 and passport).

However, after I changed to H-1B, the officer told me there is no need to do that for H-1B.