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I-94 replacement

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My wife & I went for interview at USCIS office regarding my wife's GC. She filed her I-485 based on our marriage (EB2 priority date April 2007) and I already have GC. The uscis officer said our case is approved and try to update the computer but the system didnt allow to issue the GC as unfortunately we missed the priority date by a week. The officer took our I-94 as she thought she was going to give us the GC and we didnt worry about it much since we assumed we will be getting our GC in Oct.

Based on news from Murthy.com that the priority date may roll all the way back to Oct 2006. We are planning to go back to India in Dec. is there a way we can request the I-94 rom the USCIS officer or do we need to apply for replacement I-94 and pay the 300-400 dollar application fee?

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The I-94 will have to go back to the USCIS when you leave - since it's already at the USCIS, you don't have to do anything. It's not like they would not let you out of the country without it ;-)

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