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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #16 (permalink)  
Old 12-06-2007, 05:24 PM
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Originally Posted by BMS1 View Post
The I-94 that comes part of I-797 does have the H1-B status end date, if I remember correctly. You need to leave before that date if you do not have I-485 adjustee status pending.

Note that people who have applied for I485, will have I-94 that could have legally expired if they opted not to extend the H1-B and go for EAD.
In this instance they will be traveling on advance parole so it makes the situation somewhat different. The advance parole makes it all OK.
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  #17 (permalink)  
Old 12-06-2007, 05:50 PM
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Originally Posted by bond65 View Post
Correct me if I am wrong, the I-94 that you get along with your extension will not have a date.... It just has the I-94# which will be same as the white I-94#.
I-797 has the valid until date....

How will the airline know whether the I-94 has expired or not?
That's a good catch. And also I need to double check on, but the I-94 that they give along with extension will have the same number as the original one. I thought I observed this. I travelled multiple times before (of course on H1B) never had problems at POE. This time I plan to come on AP, so....
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  #18 (permalink)  
Old 12-06-2007, 07:04 PM
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According to my Attorney,

You just need to hand over I-94 that you have in passport. She asked me not to give I-94 from I-797.

I just travelled to India through Lufthansa airline. Just gave my I-94 from passport. Went to Stamping in India with I-797, got visa stamped. Came back and got new I-94 without any problem.
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  #19 (permalink)  
Old 12-06-2007, 07:27 PM
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As far as I remember the officer at POE tears the I-94 that comes along with extension approval and keep it with himself and puts a stamp on the new white one that we fill up. I don't remember returning it to the airline while leaving and as per my lawyer too, that I-94 is for the officer at POE when you come back.
Please correct me if I am wrong or if there has been any chages to this recently.
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  #20 (permalink)  
Old 12-06-2007, 08:12 PM
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My attorney told me that we need to hand over only the white I-94 at the time of departure. By handing over the white I-94 to the airline staff itself indicates that you are departing and a new one will be provided to you when you return back. The new I-94 number will have a different number from the earlier one.

USCIS matches the issue and receipt of the I-94 to arrive at the conclusion on how long you stayed in US. It does not make any difference whether you surrender the I-94 that came along with the H1B or not. In my past I never did this and did not run into any trouble.

I am unaware of any rule changes recently and please check with your attorney and act accordingly.

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  #21 (permalink)  
Old 12-06-2007, 08:26 PM
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Please read the I-797 extension notice. It clearly asks you to tear off the I-94 and keep it along with the white I-94 and surrender it while leaving US.
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  #22 (permalink)  
Old 12-06-2007, 08:38 PM
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Default I-94

We must return latest I-94 while going out. It is written in the extension paper. You can submit all older by stapled together. My wife went to India 2 weeks back give latest one. On the bottom there are 2 copies. One we need to keep have the expiry date. One which need to stapled with pasport do not have the expiry date. I have shown both. The airline official took the extension paper and consulted with her supervisor. He took the one with no expiry date, and that end the story. My wife come back without any problems.
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  #23 (permalink)  
Old 12-06-2007, 09:21 PM
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I never returned the I-94 that comes with I-797 (10 times I went out of US and came back). My last trip to India was in Nov and I haded over only white I-94 to airlines. And I got visa in Chennai and returned to US without any issues. I know two of my friends who never returned I-94 that comes with I-797, and they both got their green cards. So I wouldn't worry about that.
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  #24 (permalink)  
Old 12-06-2007, 10:11 PM
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Default It has a date

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Originally Posted by bond65 View Post
Correct me if I am wrong, the I-94 that you get along with your extension will not have a date.... It just has the I-94# which will be same as the white I-94#.
I-797 has the valid until date....

How will the airline know whether the I-94 has expired or not?
The I-94 that comes with your extension has a date ( valid from this date to this date ). I have had several extensions and all of them had a expiry date.
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  #25 (permalink)  
Old 12-06-2007, 10:14 PM
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Default Did your white I-94 in passport ever expire

Quote:
Originally Posted by irock View Post
I never returned the I-94 that comes with I-797 (10 times I went out of US and came back). My last trip to India was in Nov and I haded over only white I-94 to airlines. And I got visa in Chennai and returned to US without any issues. I know two of my friends who never returned I-94 that comes with I-797, and they both got their green cards. So I wouldn't worry about that.
Was your I-94 in passport expired when you handed it over or was it still valid ? It must have been valid or else if you hand over an expired I-94 your status will come up as unlawful stay since they would enter it in the system based upon the I-94 that you handed over .
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  #26 (permalink)  
Old 12-06-2007, 10:23 PM
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Originally Posted by hpandey View Post
Was your I-94 in passport expired when you handed it over or was it still valid ? It must have been valid or else if you hand over an expired I-94 your status will come up as unlawful stay since they would enter it in the system based upon the I-94 that you handed over .
I-94 in passport was expired in my last tripin Nov. And I handed over that expired I-94 in my passport only (though I don't remember exact number, out of my 10 trips few times I handed over expired I-94). As I said I got visa in Chennai in Nov & came back without any issues. FWIW, When you extend your H1 -- I-94 in passport & I-94 in I-797 will always have same numbers. So even you give expired I-94 in your passport when you leave -- based on the number, they know about new I-94 OR if they simple enter the I-94 number, it will show up the latest I-94 dates.
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  #27 (permalink)  
Old 12-06-2007, 11:52 PM
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Default Agree

Last September, I went to the visa consulate in Delhi, for my first H1B stamping (I had changed my status from F1 to H1 in the US). I surrendered the white I-94 (which said D/S) at the airport before leaving, took the green one with the H-1B approval notice to the consulate.
After the officer said the visa app. was approved, i asked him what I should do about the green I-94. He said I can keep it with me, and if asked at the port of entry, I should give it to the immigration officer.

So, a month later I arrived in the States. At the port of entry, the immigration officer stamped my new white I-94 (with H-1B), but he did not ask me for the green one. Then I asked him about it and he said I should not worry about it. So, I have the green I-94 which came with the approval notice.

Since both I-94s (the white one with D/S, and the green one which came with the approval notice) have the same number, I figure USCIS will know about my dates of entry/exit and status change.
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  #28 (permalink)  
Old 12-07-2007, 01:49 AM
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Default God on clear English text we can have this many threads

If some one Happened to read the extensions I-94 and back of it, it is clearly written.

Anyway to summarize
1. When ever one applys for extension they get Approval notice along extended I-94 which also having the expiration date of extended period.
2. If you happen to notice Your I-94 which you got when you came, on that taking the Number which is also the Number which you get on the extension.
3. Both I-94's which you have with you one in Passport and the one came with Extension are now one and the same with the same tracking number.
the difference is the one you have earlier one is having expire date of earlier date, the other one is having extended expirey date.

4. When you are leaving if you cut the other one from I-94 and staple both or even if you do not do that cut part, you are require to hand over atleast one of the I-94
By that it is very clear and your departure part is clean as far as records indicate.

5. At the time of Departure if your I-94 indicates (as at this point both I-94's are one and the same with the same number as far as systems are considered the expire date on both of them is the extended date.)
the max. of expire date is equal or greater then the date of departure then you are never over stayed and you will never get on to secondary inspection like some one is quoting atleast for the Over stay part of it.

6. Some times some of the Point of Entry's you get lottery and you will get into secondary inspection. once you got the lottery and secondary inspection then that will take hours together.....
May be on this thread she is refering her spouse, he may be lucky always gets the lottery at POE.

But her point of Scaring I-94 is not seems to be valid.
As Iwith my experience I went through atleast 5 extensions I had
(company A to B (1), B to C (1), C it self 3 extensions and altogether in 8 yrs atleast 6 trips to india )
now holding 8th year extension in hand.

May be he is overstayed at some point.

If you over stay then, there is no doubt you will get lottery... when next time you are entering.

Hope that helps and please read the plain english given on the extension.....
and follow that.... then no questions......

If you tear the portion and give, no Airline will object.
If you try to give I-797 approval and ask them to take I-94 immediatley they get scare and say they do not take..
at that point they are scared with your paper, they do not want held responsible for any latter issues.
Good luck.

Last edited by ysnraju; 12-07-2007 at 01:59 AM.
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  #29 (permalink)  
Old 12-07-2007, 08:26 AM
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If some one Happened to read the extensions I-94 and back of it, it is clearly written.



May be he is overstayed at some point.

If you over stay then, there is no doubt you will get lottery... when next time you are entering.

Good luck.
He NEVER overstayed NOT ONE single time.

Still gets pulled over each time he enters even after three extensions of H4 and three visa interviews at London consulate where they obviously approved the visa and issued it.

Maybe just unlucky but my point just suggests that this is a possibility.
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  #30 (permalink)  
Old 12-07-2007, 08:47 AM
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The I-94 that comes with your extension has a date ( valid from this date to this date ). I have had several extensions and all of them had a expiry date.
The I-94 section of the 797 approval does not have a date. The date is on the section you are supposed to keep.
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