Need help with a situation related to I-94

[Palakodeti_P]

Hi,

 

I have tried searching the forums to see if existing threads answer my question. But, could not find a satisfying/definite answer so I am posting this question again

 

Current location : Richmond, Virginia

I have a H1B visa valid till 2015.

(Old) Passport expiry date :  Dec 2013

 

Situation:

I have traveled to the U.S earlier this year and at the New York airport the immigration officer has marked the I-94 expiry date as Dec 2013, because my passport is expiring in December 2013.

 

Now, I have renewed my passport and would like to get a new/renewed I-94 with a Sept 2015 date (or till end of valid visa/petition). So, I am trying to know the following

 

Question

1)  If I need to exit and re-enter U.S, is going to Canada (after getting the VISA) by Flight a definite solution for  the problem ? Would the I-94 be taken at the exit or a new I-94 would definitely be given on re-entry ? 

 

I hear conflicting views on this issue - When I call the CBP office at New York, they say that new I-94s will not be given for trips to Canada/Mexico if the trip is for less than 30 days. Few people in Online forums claim that I-94s were given when they crossed the border near Mexico/Canada. I wouldn't want to take chances flying till Canada to know that it doesn't work

 

It would be great if someone can help me with some definite information to get me out of this problem. I would really appreciate if someone can reply on this soon.

 

Note :

I do not have a valid Driver's license, so options related to driving across or near the borders might not work well for me presently.

[JoeF]

For trips to Canada or Mexico for less than 30 days, you keep the I-94. That's known as AVR, Automatic VIsa Revalidation.

You can insist on surrendering your I-94 and getting a new one, but that will invite extra scrutiny.

You could usually also get a new I-94 at a CBP office (usually at the big airports.)

[Palakodeti_P]

Ok - In case I happen to drive to the border near Niagara Falls  somehow - Can I surrender and ask for a new one there. Or, would it invite the same scrutiny as in the previous case ?

[ge145]

My experience in travelling to canada was pretty cool. I wasnt sure about AVR, so i gave up my I-94 @ US airport. I traveled to Calgary and while coming back, got new I-94.

No questions asked other than verifying my name.

[JoeF]

Ok - In case I happen to drive to the border near Niagara Falls  somehow - Can I surrender and ask for a new one there. Or, would it invite the same scrutiny as in the previous case ?

You'd increase the officer's workload. They are not going to be all that happy about that, and may check stuff very closely...

[Palakodeti_P]

ge145 : May I know when did you visit Canada ?  

[Palakodeti_P]

JoeF : Does AVR apply for cases with valid VISA and I-94. My I-94 expires this December, but if I am travelling to Canada before that ?  I was under the impression that AVR applies only for cases where I-94 is valid and Visa is expired.

[srish_2807]

I am in almost the same situation here. Need your honest feedback/advice.

 

I got employed and entered in US in Jan'11 with company's A visa stamp which was valid until Sept 2012.

Then I changed my employer in sept'11 and got my latest approval notice with I94 vaild until Sept 2014 (3 year extension).

Then I had to travel to India for 2 weeks because of some family urgency in Aug'12. So I did and while re-entry to US, PoE officer gave me I94 which was just vaild until my visa expire i.e. Sept'12. Ideally PoE officer should have issued my latest I94 based on my current employer B approval notice, which was valid until Sept 2014. But officer just issued the date until my visa expire.

 

I ignored the above situation and continued working with company B thinking that employer B is already having approval until Sept'14. So no need to worry about this.

 

Now I am in a process of H1b transfer with company C and they are noticing that My latest I94 was vaild until my visa i.e.Sept 2012. They are saying Why your current employer B did not take any action on it. I said I was not sure that we have to take any action. So I am in a situation my H1b transfer with company C might get REF or not sure what is going to be??

 

Here is my questions:

 

1. I understand that ideally officer should have given latest I94 based on latest approval notice with employer B but instead gave me based on visa. What I could have done knowing this situation? This is just for future understanding.

 

2. Now what all options are available for me. if employer C gets REF on my H1b transfer then what we should do?

3. Suppose new employer is not able to get my H1b approval. So shall I continue working with my current employer B? Can I try to do h1b transfer with another employer D in future?

 

Not sure what to do.... Please help!

[Kadkhiq81]

If I am not wrong, The officer at POE was correct in giving I94 based on your existing stamped visa. You should have gone for new stamping (based on your new approved petition valid till sept 2014) when you went to India on Aug 2012. If that is the case, The officer would have given I94 based on the new visa date.

 

I am not sure whether you can do H1 trasnfer as your I94 and visa are not valid but for sure you need to go for visa stamping when you want to re-enter again to the country.

 

This is my understanding and I might wrong!!