"white card" I-94 validity July/2004; re-enter US possible ?

R

rucshaca

Registered Users (C)
hi,
me and my husband got our landing papers a while back. Now we are landing in canada on dec/27 (tuesday). We will be using Buffalo/Canada border.

We have a confusion and if somebody can help us here:

We are on H1B AND H4 respectively. We wanted to come back to USA in 5 days from canada after finishing canada trip.

Me and my husband has I-94 "white card" on our passports with the expiry date of July/21/2004 (this date reflected the I-94 from company "A"). We went to India 2.5 years back and at that time my husband was working for company "A". Meanwhile, my husband has changed jobs and now works for company "B" and this company "B"'s visa is stamped on our passports with the expiry date of March/2006.

Since our actual "white card I-94" shows July/21/2004 (i.e expired) -- can that create problems while both of us do re-entry into US ?

Both of us have I-797 APPROVAL NOTICES, with their I-94 shows March/2006.


thanks, rucshaca
 
Don't even show the old I94 at the border as it is expired. Only show the Valid H1b/H4 visas+ I797 (new Company)+ new I94 (bottom portion of approved I797) and you should not have any issues.

Merry Xmas and happy new year.
 
Thanks Greencard for your reply. and merry christmas and happy holidays to you too.

can i ask another question ?

My husband is "in process" of joining another company now. Although he has not joined them yet but his H1-B has been approved (transfered) and we have got his latest 797 approval today (yes, today in the evening). I have not got my H4 approval notice in the mail yet.

As posted earlier, his H1B and my H4 from the old company(old in a sense with these last minutes changes and the recent "to-be" employer's H1B transfer... :) ) is stamped on our passports and is still valid with both of ours 797 approval notices.

would it be OK if we use the above stamped company's approval notices and I-94s ( along with your suggestion of not showing the "white I-94") instead of the latest compan'y papers ?
We will not tell anything about these last minute changes and new employer.

I have not got my H4 approval notice from this "very recent company" as i may be getting it next week, but then we have to got on this Tuesday,

please advise.
 
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Your husband can get any number of approvals. Each approval will have new I94 in the bottom. I don't know if you ever noticed the I94 number is generally the same (unless you have travelled in between and got new I94 at the port of entry). As far as he has valid unexpired H1b visa (even from oldest employer) he is fine. As far as your case is concerned. It is not advisable to travel out of country if you are in the middle of the pending petition. But said that if you know that it is approved (from online status check etc) then you can ask your friend or relative here in US to fedex it overnight to you in Canada and then you can use the same to renter to US. The only risk involved here is that if there is any error on your approval or if it is lost in transit. Then your hubby has to come back to US alone, get your I797 corrected, then send it to you in Canada (This can be long time wait because USCIS take minimum 2-3 months for anything)

Fell free to post your questions. I am online for next couple of hours.
 
hmm ...thanks for your advises. So, you are recommending to wait till i have my H4 approval notice in my hand. This is OK since we can wait to go to Canada, it's not that urgent either.

But iam still confused (and may be iam asking a silly question here),

1) if i have my old company's H4 approval notice + that company's H4 stamped on my passport + the visa is not yet expired ...... can not i use these papers to re-enter into US ? We both will not tell anything about this "new" company's H1-B or H4.

unless the old visa gets automatically cancalled if the new one is approved (or in transit) ?

2) can not i use bases of my husband's H1-B to do re-entry ? do i really need separate H4 approval notice for myself?


please correct me and advise.
 
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Hiding anything can turn against you on the border.

Your Old I94 and I797 becomes null and invalid once you have new I94 and I797 so you have to use new I797 and new I94 which came alongwith. Still you need to keep all the old approvals with you (for GC process or new extensions as they show that you were never out of status), but show only the current ones.

You cannot enter on your husband's I797 you need your separate approval.

Visa and I797 approvals are two separate things. Visa is given by department of State and I797 approvals are given by USCIS (formely INS). Visa is merely travel document but approvals and I94 tells how long you can stay in US and it can be extended within US
 
Thanks Greencard05. We have cancelled our trip untill my 797 is approved and in our hands.

again, thanks for your advises and time.
 
greencard05,

Can i ask you a very quick question ?

1) is there a procedure to do "premium processing" for H4 as like H1-B ?

I have heard that there is a separate form need to be filled for H1-B's premium processing BUT NOT for H4. Our H1-B and H4 were packaged together.

As i said earlier, my husband has paid for the premium processing and have got his H1-B 797 approval notice in a week, but it is almost 2 weeks have passed and I have not got any H4 approval notice. Iam just worried if USCIS will treat my H4 as regular processing which may take anywhere between 2-3 (or more) months.


Could you please advise.
 
Hi greencard05,

My husband got this reply from his company lawyer:

------------------------

she will have no trouble getting back in but could be restricted to a new I-94 that expires in March 2006. The old H-4 stamp is clear good for travel despite your change of employer.

-------------------------

any comments ?
 
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When ever we file for H1b transfer it is like new case and it is never advisable to travel during the that time. Did you talk to the actual lawyer or paralegal. I would recommend you to talk to the lawyer and do what ever he/she says. They may have some new information which i am not aware of.

I don't know if there is any Premium processing for H4 but generally they just approve it when they approve the H1b petition.

Can you check your H4 status online. If it says that "decision has been made .........." then it is most likely approved and you will get it soon. It may be in the mail and got delayed in the holiday rush.
 
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