I 94 expiring

[manjum_kar]

Hi All,

 

I had a change of employer (H1B transfer) and got new I 797 with visa valid up to 2018. Later I traveled to to India and completed the stamping on my passport and the visa was stamped up to 2018. While coming back at Abhu Dhabi, I got the I 94 valid up to Nov-2016 as my passport was expiring. 

 

Now I renewed my passport and got a new one. What options do I have to get a new I94? Please help

 

Regards,

Manju

[manjum_kar]

By the way I stay in Dallas, Texas

[pontevecchio]

You will need to get a new I94 by say crossing the Mexican border or the Canadian border. Your first step is to inform the employer about this matter. They may even file another H1 petition for you to get a new I94.

[manjum_kar]

Thanks pontevecchio,

I did speak to my employer and they also said the same i.e. to file another H1 petition. Only concern that I had is I already have a valid visa stamped in my passport up to 2018. Now if I go for another extension will this create any issues? Also if I travel outside of US after the H1 extension, should I go for stamping again?

Regards,

Manju

[pontevecchio]

It would seem you work for a good company. You will need to carry both passports in future. The visa remains in the old passport remains valid.

[enjoy007]

You can go mexico border and get the new i94 if you do not want to file another H1 petition.

laredo,TX is the nearby location for you

[premkalyan521]

You will need to get a new I94 by say crossing the Mexican border or the Canadian border. Your first step is to inform the employer about this matter. They may even file another H1 petition for you to get a new I94.

 

 

my dearest w pontevecchio . why does the in this situation needs

 to file new h1 petition to extend the i94 when there is no change in H1 petition. 

[pontevecchio]

That is one way to solve the problem of the OP. You have no  doubt read post #4 where the Op says that is what the employer is going to do. No rule against refiling a H1 petition in such circumstances.

[manjum_kar]

Now I got an update from my attorney and they gave two options

 

1. File H1 extension

 

2. Travel outside of US and come back. But the funny part here is that, I should not travel to either Mexico or Canada as they are considered territory borders to USA. Not sure if this is a new rule or not.

[manjum_kar]

Another update, I called the local CBP office here in Dallas to see if they can extend my I 94 as everything is valid at my end. Seems they can't do it. Again he gave two options

 

1. File for H1 extension with USCIS

 

2. Exit US ( not to Canada or Mexico) and come back. When I asked him the specific reason why not Canada or Mexico, he said there no reason or he is not aware. I then asked him, what happens if I travel to Mexico or Canada before my I94 expires? He said no issues you will be allowed to re-enter US as long as you have valid visa and I 94. Then I asked him, while re-entering, I should get a I 94 and this time since I have a valid passport, I should get new I 94 which will be valid up to my visa expiry date. Answer from his side "no guarantee but you can try".

[pontevecchio]

If the company is filing the H1 then you should let them. You have not talked to a company Lawyer. You have talked to a paralegal with no clue. If you cross over in to Mexico say at the Tijuana border, you can return by making your way to the CBP and asking for a NEW I94. YOU HAVE TO ASK to prevent them assuming you are using AVR. If the company is filing a new H1 why are you not letting it be and having them do the needful?

[enjoy007]

i visited san diego and went to the otay messa border (US- Mexico) over the last weekend.

I got an updated I-94 with the expiry of my h1 B validity.

Not sure whether it is a new rule. 

[manjum_kar]

@Newbie: I think its not a new rule. What I heard from my attorney is that, "Traveling to Mexico or Canada for less than 30 days, results in keeping the same existing I-94 and expiration date". Meaning you have to stay in Mexico or Canada at least 30 days to extend your I 94. I'm trying to take a risk by travelling to Mexico border sometime next month and see what happens. If I don't get I 94 extended, then I will ask my employer to file H1 extension. The only reason why i'm not asking to file H1 extension at this time is, because I have a valid visa stamped in my passport up to 2018. If they apply for extension, I may have to go for stamping when I exit US (my assumption).

[pontevecchio]

You can use the existing visa if the employer files an Extension. You do not have to stay for 30 days. You CANNOT stay for more than 3o days. That is what it means.  You are creating problems where none exist.

[pontevecchio]

Just to add you can stay for one day in Canada and return with the same I94. You cannot stay 31 days in Canada and return with the same I94. If you cross the border and return any time before 30 days you have TO speak up and ASK for a new I94 based on your H1 petition approval. If you do not ask they will let you in based on AVR and your problem will remain the same. You do realize it is the employers problem and let them deal with it.

[premkalyan521]

Just to add you can stay for one day in Canada and return with the same I94. You cannot stay 31 days in Canada and return with the same I94. If you cross the border and return any time before 30 days you have TO speak up and ASK for a new I94 based on your H1 petition approval. If you do not ask they will let you in based on AVR and your problem will remain the same. You do realize it is the employers problem and let them deal with it.

one more point to be added my enemey frnd. If u cross the mexico border. u can request the CBP office to issue new i94. It happend to a friend of mine who recently gone through this process.

 

My frind has visa stamping, when he enter the country his passport was abt to expire in 1.6 months. So the CBP officer gave the i94 until passport expiry date. he recently got his new passport and he crossed the border as he already has visa stamping on old passport.   and just crossed the border and immediately stood in the line to enter  US and he asked the CBP officer to issue new i94 and he was given neww i94 (no AVR rule was applied in this situation)

[premkalyan521]

@Newbie: I think its not a new rule. What I heard from my attorney is that, "Traveling to Mexico or Canada for less than 30 days, results in keeping the same existing I-94 and expiration date". Meaning you have to stay in Mexico or Canada at least 30 days to extend your I 94. I'm trying to take a risk by travelling to Mexico border sometime next month and see what happens. If I don't get I 94 extended, then I will ask my employer to file H1 extension. The only reason why i'm not asking to file H1 extension at this time is, because I have a valid visa stamped in my passport up to 2018. If they apply for extension, I may have to go for stamping when I exit US (my assumption).

 

 

1. if u go to mexico border to get new i94 , u dont have to stay for 30 days in mexico to get new i94. U can go  to mexico and the same day u can come back to US. at the POE ask the CBP officer to issue new i94.

 

2.as my close enemy frnd pontevecchio     mentioned, you are creating problems unnecessary.  i insist u do some research and then come to us. Dont just blindly keep on asking all the crapy questions.

 

answer to ur question highlited in red. say ur h1 is extend and u got new h1 till Aug 2019. u dont need to go for visa stamping as u already have a visa stamping till 2018. when u enter the country u show ur H1 Visa stamp that has 2018 date and u will also show the new H1(i797) which has 2019 date.

 

 

 

Note: Pls do a favour to urself dont make things complicated 

[sbhkumar]

Hi , I am in the similar situation, can you please share your experience at the Port of entry while reentering US the border. Please share me ur email adress on ibm.bharani@gmail.com. Thanks

i visited san diego and went to the otay messa border (US- Mexico) over the last weekend.

I got an updated I-94 with the expiry of my h1 B validity.

Not sure whether it is a new rule. 

Hi , I am in the similar situation, can you please share your experience at the Port of entry while reentering US the border. Please share me ur email adress

[premkalyan521]

Hi , I am in the similar situation, can you please share your experience at the Port of entry while reentering US the border. Please share me ur email adress on ibm.bharani@gmail.com. Thanks

Hi , I am in the similar situation, can you please share your experience at the Port of entry while reentering US the border. Please share me ur email adress

One of my frnd recently went to Mexico . He asked the Poe officer clearly to issue new i94. It worked for him . He has the same issue , his old passport was abt to expire , the last i94 was going to end , as he has new passport he went to Mexico and asked Poe officer to kindly issue me new i94