Two I-94s - return both before exiting US?

xfitter

By xfitter,
in H1B : I-94 Cards

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xfitter Advanced Member

xfitter

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Hi,

 

I have a white I-94 on my passport (valid until Sep 2013), as well as one on my I-797A (valid until May 2016) - both have the same number. I'm going to India last week of July for a vacation of two weeks. I wanted to know if I should return both I-94s at my departing port in US.

 

I have seen previous posts in this forum where the advice from senior members is to return both of them.

There is also verbiage in I-797A that says "The petitioner should give lower portion of this notice to the named foreign worker(s).......The I-94 portion should be given to the US CBP when he or she leaves the United States'. As I understand, the I-797A clearly states return I-94 to CBP.

 

My confusion is that my immigration attorney is advising to return only the white I-94 and keep the I-94 on I-797A to show at POE when I return to US.

 

Can anyone who recently underwent this process and later came back to US successfully, share their experience? Did you return both or just the white I-94, and did you have any issues at POE?

 

It would be helpful if a Murthy attorney can comment whether to return both or just the white I-94.

 

Thank you.

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  • 1 month later...
xfitter Advanced Member

xfitter

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Just updating in case it benefits (or confuses) anyone. I decided to go by my attorney - I gave the airlines white I-94 and kept the other I-94 (that came along with I 797A) with me. Same for my wife too. My white I-94 was still valid when I gave it to airlines. My wife's white I-94 had expired in March 2013, and I forced the airlines staff to take her I 94. 

 

 

When we returned, we did not have any issues at POE. With this, I am assuming our departure from and entry into USA were recorded correctly. Hope so.

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