Surrender for I94

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resident1374

Registered Users (C)
Surrender of I94

Guys - sorry to post this questionhere but I didn't where else to post. . I apologize. I am EB3 with PD 2004/ EAD Approved and so also AP - 485 pending. I want to maintain the H1B status.


As I am leaving for India in couple of months, I had a quick question on I-94

I have total of three I94 attached to my passport:

> ********907 validity from 4/30/2003 to 4/29/2006 (Green color: Lower portion of I-797)

> ********709 (White card issued when I traveled to Canada by Air in 2005 – the Port Officer stamped it as valid till 4/29/2006). The Port Office didn't take the previous I-94 i.e ********907

> ********709 (Lower portion of I-797 Form valid from 4/30/2006 to 5/25/2008)

I have applied for 3 more years of extension. So, I will get another I-94 with the petition, which will probably have the same number i.e. ********907
validity will probably from 5/25/2008 to 5/225/2011 or so.

So, when I am leaving US - which I-94 should, I surrender to the airline? I just want anything to impact my pending AOS.
 
resident1374 said:
Surrender of I94

Guys - sorry to post this questionhere but I didn't where else to post. . I apologize. I am EB3 with PD 2004/ EAD Approved and so also AP - 485 pending. I want to maintain the H1B status.


As I am leaving for India in couple of months, I had a quick question on I-94

I have total of three I94 attached to my passport:

> ********907 validity from 4/30/2003 to 4/29/2006 (Green color: Lower portion of I-797)

> ********709 (White card issued when I traveled to Canada by Air in 2005 – the Port Officer stamped it as valid till 4/29/2006). The Port Office didn't take the previous I-94 i.e ********907

> ********709 (Lower portion of I-797 Form valid from 4/30/2006 to 5/25/2008)

I have applied for 3 more years of extension. So, I will get another I-94 with the petition, which will probably have the same number i.e. ********907
validity will probably from 5/25/2008 to 5/225/2011 or so.

So, when I am leaving US - which I-94 should, I surrender to the airline? I just want anything to impact my pending AOS.
Click to expand...

Surrender all the I-94s. Keep the copy for future reference.

I am not sure you will be able to maintain H1 by simply entering on AP. Either you need to go for stamping or once you come back (may not be immediately) and apply for H1 extension.

If you are yet to get married it is better to go for stamping
 
Simply entering using AP will not invalidate your H1 status. You can use AP to come back and simply start working for the employer whose H1 is within validity period.
 
Thanks man! I appreicate your response.

I don't plan to use AP. I have applied for H1B 3yr extension based on approved I140. The reason I posted the question was - some say surrender the last I94 because that's the valid one and all others are void.

Also, I plan to get it stamped from Mexico. I guess I will surrender all my previous I94 there (Mexico Border) as they will issue a new I94 when I re-enter US i.e. based on new Visa Stamp?
 
They will not want your Green i94 cards. If they see the white one, they will grab that. Thats the actual departure record.

Keep your i797 approvals seperately. Dont mix them with your passport. When you are entering back into the US, provide them with the 797s and they will create a new 'White I94' and staple it with you passport.

I know this for a fact, because I just came back from a 3 week trip to India. And my situation resembles yours. No intention of using AP. Wanted to be on H1 and keep using it unless I want to change my employer.

Hope this helps..
 
Thanks man!

So you mean I surrender the white card I94 card, even though the expiry date shows as "26th April, 2006" - I should surrender that and not the green one? Will it not cause any problem while coming back?

Of course, the green I94 don't display any extension dates.
 
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Surrender the most recent I-94 white copy that you have, the other ones, i would remove from your passport, but keep them on hand incase they are needed.
 
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