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No I-94 issued and no entry stamp while traveling from Canada after H1B stamping


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#1 tal2012

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Posted 12 March 2013 - 11:17 AM

I would appreciate if you can please answer my question or advise. It is a question of my career. I had traveled to Canada for H1B stamping by road for 33 days. The Canada Border Security officer had put entry stamp in my passport. However, I did not get new I-94 while entering into US yesterday and there is no entry stamp as well. I had requested CBP officer Three times to give new I-94 but CBP officer denied and he got angry as I asked again and again. I also explained that I had given my old I-94 to Canada Border Security. He said that I-94 attached to I-797 (at bottom) is I-94 and you will not get a new one. Now I do not have any I-94. I have one which is attached to I-797 (valid till 05/27/2013). What should I do now? Would my next H1B extension be affected? I would appreciate your answer / advise.

#2 pontevecchio

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Posted 12 March 2013 - 01:58 PM

Did you get your H1 visa?

#3 rahul412

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Posted 12 March 2013 - 04:05 PM

Same question, how did you enter into US without a valid VISA?

#4 tal2012

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Posted 13 March 2013 - 12:23 PM

Same question, how did you enter into US without a valid VISA?


rahul412 and pontevecchio, I have a valid H1 Visa stamp. I had done H1 Visa stamping in Toronto. I also have I94 attached to I-797 which is still valid till 05/27/2013. The officers at border said that I-94 attached to I-797 is the one and they will not issue a new white paper. Thank you again

#5 rahul412

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Posted 13 March 2013 - 05:36 PM

rahul412 and pontevecchio, I have a valid H1 Visa stamp. I had done H1 Visa stamping in Toronto. I also have I94 attached to I-797 which is still valid till 05/27/2013. The officers at border said that I-94 attached to I-797 is the one and they will not issue a new white paper. Thank you again

I got you. You mean to say that on your passport you don't have the latest POE stamp on it.

#6 tal2012

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Posted 14 March 2013 - 08:10 PM

I got you. You mean to say that on your passport you don't have the latest POE stamp on it.


Would it create any issue when I apply for H1B extension next time as I do not have I-94 (White piece of paper)? I still have I-94 attached to I-797 (valid till 05/27/2013). I would appreciate any advise. Thanks

#7 rahul412

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Posted 14 March 2013 - 10:34 PM

Would it create any issue when I apply for H1B extension next time as I do not have I-94 (White piece of paper)? I still have I-94 attached to I-797 (valid till 05/27/2013). I would appreciate any advise. Thanks

You have a valid I94, so your stay should be legal.

#8 Attorney_25

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Posted 15 March 2013 - 08:12 AM

You may go to local CBP Deferred Inspections office, tell them what happened, and ask them to verify in their computer that your entry is recorded and that your period of stay shows as through the end validity date on the I-797/visa. And then please come back here and report what happened.

Another possibility is to make an InfoPass appointment and see what they show on their (USCIS) computers. Then also report what happened.

If you believe you need assistance with this, you could schedule a consult with a qualified immigration attorney.

#9 tal2012

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Posted 17 March 2013 - 05:16 PM

You may go to local CBP Deferred Inspections office, tell them what happened, and ask them to verify in their computer that your entry is recorded and that your period of stay shows as through the end validity date on the I-797/visa. And then please come back here and report what happened.

Another possibility is to make an InfoPass appointment and see what they show on their (USCIS) computers. Then also report what happened.

If you believe you need assistance with this, you could schedule a consult with a qualified immigration attorney.


Attorney_25 - Thank you for your response. I just wanted to give one update. I had gone to CBP office at Ambassador Bridge in Detroit (where I had made entry to US) and requested them to issue me new I-94 and put entry stamp in my passport. They denied to give me new I-94, however, they put entry stamp in my passport dated 14 Mar 2013. But I originally entered in USA on 11 Mar 2013.

I will call Deferred Inspection Office tomorrow to verify my entry and validity date on the I-797/Visa as you advised. How critical is to get a New I-94 card (White color card)?

Thank you again

#10 tal2012

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Posted 18 March 2013 - 04:56 PM

Attorney_25 - Thank you for your response. I just wanted to give one update. I had gone to CBP office at Ambassador Bridge in Detroit (where I had made entry to US) and requested them to issue me new I-94 and put entry stamp in my passport. They denied to give me new I-94, however, they put entry stamp in my passport dated 14 Mar 2013. But I originally entered in USA on 11 Mar 2013.

I will call Deferred Inspection Office tomorrow to verify my entry and validity date on the I-797/Visa as you advised. How critical is to get a New I-94 card (White color card)?

Thank you again


I had taken Infopass appointment today. They said that they cannot verify my records on their computers. They sent me to Deferred Inspection and Inspection did verify my entry of 11th March. Now my question is what would happen when I apply my extension? The CBP has record of my entry on 11th March and my passport has entry of 14th March. It is very much important for me to prove time spent out of USA for recapture to get 7th year extension to have PERM/I-140 pending for more that 365 days.

Deferred Inspection got my information and said that she will talk to her supervisor to see what supervisor says about issuing new I-94. Let us see if I get any response from Deferred Inspection tomorrow.

I would appreciate any advise? Thanks.

#11 secure48

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Posted 08 April 2013 - 02:47 PM

@tal2012 or Attorney_25
I need ur help here as I am in the same situation.
At POE, the officer didn't give me any new I-94 or date stamp..instead he said you all good as ur I-797 has the I-94 attached.
so how would this effect my legal status(stay) in US or how would I rectify this if there is an issue?

Please advice

#12 designflaw

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Posted 14 April 2013 - 01:33 AM

This is fine. I94 cards are going to be going away pretty soon and they are slowly slowly transitioning us to the new stuff.

#13 tal2012

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Posted 19 April 2013 - 10:13 AM

@tal2012 or Attorney_25
I need ur help here as I am in the same situation.
At POE, the officer didn't give me any new I-94 or date stamp..instead he said you all good as ur I-797 has the I-94 attached.
so how would this effect my legal status(stay) in US or how would I rectify this if there is an issue?

Please advice

Secure48, after doing all my researches and visiting USCIS infopass, I found that I do not have any issues if I did not get new I-94 as long as I-94 attached to I-797 is valid. Thanks

#14 KrupeshPatel

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Posted 24 November 2014 - 03:12 PM

You may go to local CBP Deferred Inspections office, tell them what happened, and ask them to verify in their computer that your entry is recorded and that your period of stay shows as through the end validity date on the I-797/visa. And then please come back here and report what happened.

Another possibility is to make an InfoPass appointment and see what they show on their (USCIS) computers. Then also report what happened.

If you believe you need assistance with this, you could schedule a consult with a qualified immigration attorney.

 

Hi Attorney_25

 

I kind of having the same situation.

 

Meaning: I went to canada via flight on Nov 12, 2013 for H1B Visa Stamp with my Wife and I got approval and My wife got query and she had to stay there because they have her passport but they stampped my H1B Visa because I had to resume my work so I came back on Nov 16, 2013 again via Flight and office stamp my passport and gave me instruction to get i94 Card online. I came home and I saw and take out a copy of my i94 card via following website: https://i94.cbp.dhs....94/request.html

 

Then After a Month my wife get approval on Dec 5, 2013 and I flew to Canada on Dec 7, 2013 to just pick her up and then we both came back via Rental Car on Dec 10, 2013, now at this time custom officer gave my i94 card and POE Stamp on her passport for Dec 10, 2013 and He did not issue me a i94 Card and he did not made POE Stamp on my passport as well and he told me because you recently came on Nov 16, 2013 and you have this online i94 Card you dont need to buy any paper i94 card or stamp is also not required. I again asked officer that please office make at least stamp for my peace of mind and he got angry and asked my WHO IS THE OFFICER HERE? ARE YOU OR ME? then I said "Sir, you and Sorry". and we left.

 

Recently, I lost my online printed i94 Card then I realize to reprint that i94 Card again from the same site that I provided above and now they have new Button for Get Travel History. I clicked on that button and it's just showing me Arrival on Nov 16, 2013 which is first time they issue my online i94 card and Second Departure on Dec 6, 2013 when I again left to canada to pick up my wife and there is no history or stamp on my passport for Dec 10, 2013.

 

My wife has a Paper i94 card and which is same as online and the Arrival Date is also Dec 10, 2013 and Departure date is Nov 16, 2013.

 

So, My Questions is:

1. Am I out of Status?

2. Or Am I considered as an Illegal Entry?

3. Does this considered as my Fault?

4. If I go to CBP Reception Office - What stuff do I need to bring and they will not keep my passport or does not throw my out of county right?

5. These happended actually on Thousand Island, NY which is actully my port of entry via road at that point and Currently I am at the Dallas, TX and the closest CBP Reception is DFW International Airport so, Can I go there or Can I call them?

 

Please let me know as soon as possible.

 

Because, I am again travelling to India in this Jan, 2015 and I do not want any issue.

 

I really appriciated your help sir.

 

Thank You,

Krupesh Patel



#15 jairichi

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Posted 24 November 2014 - 03:56 PM

Hi Attorney_25

 

I kind of having the same situation.

 

Meaning: I went to canada via flight on Nov 12, 2013 for H1B Visa Stamp with my Wife and I got approval and My wife got query and she had to stay there because they have her passport but they stampped my H1B Visa because I had to resume my work so I came back on Nov 16, 2013 again via Flight and office stamp my passport and gave me instruction to get i94 Card online. I came home and I saw and take out a copy of my i94 card via following website: https://i94.cbp.dhs....94/request.html

 

Then After a Month my wife get approval on Dec 5, 2013 and I flew to Canada on Dec 7, 2013 to just pick her up and then we both came back via Rental Car on Dec 10, 2013, now at this time custom officer gave my i94 card and POE Stamp on her passport for Dec 10, 2013 and He did not issue me a i94 Card and he did not made POE Stamp on my passport as well and he told me because you recently came on Nov 16, 2013 and you have this online i94 Card you dont need to buy any paper i94 card or stamp is also not required. I again asked officer that please office make at least stamp for my peace of mind and he got angry and asked my WHO IS THE OFFICER HERE? ARE YOU OR ME? then I said "Sir, you and Sorry". and we left.

 

Recently, I lost my online printed i94 Card then I realize to reprint that i94 Card again from the same site that I provided above and now they have new Button for Get Travel History. I clicked on that button and it's just showing me Arrival on Nov 16, 2013 which is first time they issue my online i94 card and Second Departure on Dec 6, 2013 when I again left to canada to pick up my wife and there is no history or stamp on my passport for Dec 10, 2013.

 

My wife has a Paper i94 card and which is same as online and the Arrival Date is also Dec 10, 2013 and Departure date is Nov 16, 2013.

 

So, My Questions is:

1. Am I out of Status?

2. Or Am I considered as an Illegal Entry?

3. Does this considered as my Fault?

4. If I go to CBP Reception Office - What stuff do I need to bring and they will not keep my passport or does not throw my out of county right?

5. These happended actually on Thousand Island, NY which is actully my port of entry via road at that point and Currently I am at the Dallas, TX and the closest CBP Reception is DFW International Airport so, Can I go there or Can I call them?

 

Please let me know as soon as possible.

 

Because, I am again travelling to India in this Jan, 2015 and I do not want any issue.

 

I really appriciated your help sir.

 

Thank You,

Krupesh Patel

Relax, you are fine. During your second visit to bring your wife from Canada on Dec 10th 2013 it is understood by immigration officer at POE that you are making use of AVR (Automatic Visa Revalidation) facility in which case a new I94 will not be generated or issued for you. Your previous online I94 stands valid. Since your wife entered with a fresh visa (like the one you entered on Nov 16th 2013) she got a new I94.

 

Get this confirmed by taking to a good immigration attorney.




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