Which I94 do I need to hand over while departing USA?

[simplydeb]

Hi,

I will be travelling to India this month for a short trip.

I have one I94 which is stamped on my passport. I have another I94 which I received with my recent H1b extension.

So do I need to handover both the I94s while departing USA or just the recent one?

Thanks!

Deb

[rajMarch212011]

Hi,

I will be travelling to India this month for a short trip.

I have one I94 which is stamped on my passport. I have another I94 which I received with my recent H1b extension.

So do I need to handover both the I94s while departing USA or just the recent one?

Thanks!

Deb

Hi Deb,

The one in your passport already expired with your I-797 and that's exactly why they gave you a new one when your extension got approved (so that your status remains legal).

I-94 is the only document considered for legal stay in US and submitting ONLY the expired I-94 while departing would go down in your record as illegal stay from the date of expiry.

If you check the new one it would have a Valid from date which is exactly the next day when your old I-94 expired.

Both put together would make your stay legal from the date you arrived to the date you are departing.

So you can submit both (I-94 is no good outside US).

Also I think both I-94 would have same number. Which means when they extended your petition they also updated your I-94 record in their systems to reflect your new last day of legal stay in US. So even if you submit just one they would see the correct end date in their records as number of both I-94 is same. But just to be safe submit both as they would not serve any purpose outside US.

Rajat

[westindies]

Deb,

Always surrender the I94 which you got at the port of entry and which is stamped. The one that is at the bottom of 797 stays with you. Some officers at POE staple it at the back of the passport to keep it separate than the actual white I-94.

[JoeF]

Always give them ALL I-94s.

They should have the same number.