No I94 when entering US by road

[vin18may]

Hello all

I recently had my H1b renewal interview in Toronto.

Got approved & received my PP on 6th Dec afternoon.

I drove from Toronto to US and entered at Lewiston, NY port of entry by road.

The officer forgot to stamp the date of entry in my PP and he did not give me a new I94 as well.

I did not see it untill i drove 10 miles ahead.

Has anyone been in this situation before ?

Do they give I94 when entering US by Road ? .. Jst trying to understand if the process has changed due or what.

I am travelling to India on December 20th .. and need some urgent thoughts on my current situation.

Thanks

Vin

[JoeF]

Do you still have your old I-94?

For travel to Canada for less than 30 days, you keep your old I-94 and don't get a new one. That's long-standing practice.

[pontevecchio]

Your responsibility to ask and make sure. On the other hand you will get a new I94 on coming back from India. When does your current I94 expire?

[kbknaidu]

hi i have gone through the same drive way of course 2 of other friends too the line where you passed through officer doesn't know that it is your first time with new visa ,so he will check the passport and visa but he doesnt have date stamp and new i-94, trust me when you file for the green card already filed for the same, it will be a big issue please dont take a chance ,better consult your attorney or take an appointment with immigration attorney ,if he doesnt stamp your passport means the US immigration people doesnt kknow that you left this country and come back, better take it is serious and do needful to yourself.

[pontevecchio]

Jeez, ?.

[vin18may]

Do you still have your old I-94?

For travel to Canada for less than 30 days, you keep your old I-94 and don't get a new one. That's long-standing practice.

I spoke to my attorney. She said the same thing what Joe mentioned. The CBP will not give a new I94 if you are entering Canada & coming back to the US if less than 30 days.

My old I94 was already expired in 1st Jan 2012. So when USCIS returned my PP - the I94 was already removed.

[vin18may]

Your responsibility to ask and make sure. On the other hand you will get a new I94 on coming back from India. When does your current I94 expire?

My I94 was expired on Jan 1st 2012 (which was the end date of my earlier H1b)

USCIS had removed the I94 when they returned the Passport with the renewed H1b stamp.

[vin18may]

hi i have gone through the same drive way of course 2 of other friends too the line where you passed through officer doesn't know that it is your first time with new visa ,so he will check the passport and visa but he doesnt have date stamp and new i-94, trust me when you file for the green card already filed for the same, it will be a big issue please dont take a chance ,better consult your attorney or take an appointment with immigration attorney ,if he doesnt stamp your passport means the US immigration people doesnt kknow that you left this country and come back, better take it is serious and do needful to yourself.

Hi kbknaidu

Well the Officer had swiped my Passport on his system (like they do a credit card).

I confirmed with my attorney that CBP will not give a new I94 if we visit Mexico, canada, puerto rico and come back to US within 30 days. So not having a I 94 is ok.

Only concern i had was that he did not stamp my passport with the date of entry. But I guess since he scanned the PP .. my return record should be there in the system. I am still researching a way to confirm that with the US government.

BTW - Can you tell me about your experience ?

Did you get a new I94 ? & what about the Date of entry stamp on the passport ?

Note: Mine is not a change of status. It was renewing my H1b status.

Let me know.

[pontevecchio]

"I confirmed with my attorney that CBP will not give a new I94 if we visit Mexico, canada, puerto rico and come back to US within 30 days. So not having a I 94 is ok."

That is not true at all. That is just a way of saying AVR is the usual way to travel to Canada and Mexico. Note Puerto Rico is considered like travel to say Florida. The I94 is immaterial. You have to ask for a new I94 when you come back and pay 12 USD should you need one. Most people retain the valid I94 when they use AVR for short stays to Canada and Mexico.. Specifically send in writing to your Lawyer that you do not have an I94 and ask him what is your proof of legal stay? In any case you will get a new I94 when you come back from India.

[vin18may]

"I confirmed with my attorney that CBP will not give a new I94 if we visit Mexico, canada, puerto rico and come back to US within 30 days. So not having a I 94 is ok."

That is not true at all. That is just a way of saying AVR is the usual way to travel to Canada and Mexico. Note Puerto Rico is considered like travel to say Florida. The I94 is immaterial. You have to ask for a new I94 when you come back and pay 12 USD should you need one. Most people retain the valid I94 when they use AVR for short stays to Canada and Mexico.. Specifically send in writing to your Lawyer that you do not have an I94 and ask him what is your proof of legal stay? In any case you will get a new I94 when you come back from India.

Well on that point my employer said that we have I94 which is attached to the bottom of the H1b copy (I797)

When we enter the country - we have to fill out I94 (white form), a part of which is attached to the Passport.

He says - that white I94 represents the same I94 which is tied to the H1B copy.

So my stay is still legal.

Let me know what your thoughts are ?

[mannu2001]

My F1 visa expired in 2011. my H1 started october 2011. I went for stamping in Montreal on Dec 4th 2012. On the drive back, the CBP officer took my old i94 and stamped the new date till the end of H1b.

She did not take the i94 that came with 797 approval notice that i had attached to my passport though.

[vin18may]

My F1 visa expired in 2011. my H1 started october 2011. I went for stamping in Montreal on Dec 4th 2012. On the drive back, the CBP officer took my old i94 and stamped the new date till the end of H1b.

She did not take the i94 that came with 797 approval notice that i had attached to my passport though.

mannu

Officers will not take the I94 tied to the H1B approval notice.

Generally during the entry - they should ask to fill in the white I94 form. The top part they keep it with them & bottom part is what they staple to your PP.

This I94 represents the same I94 tied to the H1B copy.

Since you changed your status from F1 to H1 .. it is mandatory for the officer to give you a new white I94 .. as the number of the I94 on F1 will be different from the number of the I94 for H1b.

Mine was H1b renewal .. hence the number on the I94 remains same. Hence I guess not giving a I94 will be OK.

Any other thoughts are appreciated.

[kbknaidu]

See passport scanning where they swipe like a credit card is your passport is original and no criminality on you that's it ,my experience once I go to the counter in that line the officer swiped all our passports same like you then said ok sir you are good to go then one if my friend asked the border officer this is my new h1 b stamping so I am ok to go ,then the officer literally bite his tongue and said really really sorry and asked us to go to secondary check lane where they checked all our docs and baggage again and given the I-94 forms same like air way ,we filled it and returned to him then he stapled it and stamped daye on i- 94 and on half of the visa page too

[vin18may]

See mine was not a first H1b stamping.

Mine was a renewal. He asked me if I was changing status & I said NO.

I am getting a feeling that if H1b is getting renewed, they dont give a new I94.

The reason being that the I94 tied to the H1b has the same number as compared to the previous stamped I94 (as a result of the first H1b). And I should be still able to use the I94 tied to H1b approval notice like the white I94 you have in ur PP.

In either case, I hv an appointment scheduled with a lawyer tomorrow to sort the confusion.

Thanks for your thoughts. Will keep you guys posted.

[kbknaidu]

Sure that's the best thing to confirm with an immigration attorney thanks anyways , by the way my stamping is a h1b renew not a change of status thanks and regards