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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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  #1 (permalink)  
Old 12-06-2007, 04:08 PM
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Default Returning the I-94 that came with I-797 Extn

I am leaving to India tomorrow and planning to come back on AP. I got my H1 extn with the I-94 attached in the bottom till Sep 2010. Do I have to return the extn I -94 along with the white I-94 that is expired. I heard that some airlines don't take the extn I-94 and insist on taking the white I-94 only. Is it OK if i don't return my extn I-94. Will there be any issues after I come back if i don't return it.
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  #2 (permalink)  
Old 12-06-2007, 04:14 PM
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Default interesting question

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Originally Posted by kriskris View Post
I am leaving to India tomorrow and planning to come back on AP. I got my H1 extn with the I-94 attached in the bottom till Sep 2010. Do I have to return the extn I -94 along with the white I-94 that is expired. I heard that some airlines don't take the extn I-94 and insist on taking the white I-94 only. Is it OK if i don't return my extn I-94. Will there be any issues after I come back if i don't return it.
...bump.....
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  #3 (permalink)  
Old 12-06-2007, 04:21 PM
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Originally Posted by kriskris View Post
I am leaving to India tomorrow and planning to come back on AP. I got my H1 extn with the I-94 attached in the bottom till Sep 2010. Do I have to return the extn I -94 along with the white I-94 that is expired. I heard that some airlines don't take the extn I-94 and insist on taking the white I-94 only. Is it OK if i don't return my extn I-94. Will there be any issues after I come back if i don't return it.
It is important to hand an unexpired I94 to the airline as you leave the US. If you do not it will appear that you have overstayed if the person who processes them is concerned. My husband has been undergoing additional inspection at least seven times on returning to the US over an eight year period due to not handing two I94's in at some point during his time as a student here. At least that is what one POE officer told him so it now appears he has been an overstay at some point in the past so his name is flagged when he goes through immigration on arrival each time.
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Old 12-06-2007, 04:23 PM
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That really scares me. Most of times i just handed over the white one. Normally along with extension they provide a copy to keep for personal records also. Is there a way we can check on the problem before we leave?

Thanks
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  #5 (permalink)  
Old 12-06-2007, 04:26 PM
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That really scares me. Most of times i just handed over the white one. Normally along with extension they provide a copy to keep for personal records also. Is there a way we can check on the problem before we leave?

Thanks
It took him four years to even get answer from an inspection officer, each time he was sent for additional inspection till then he was told they could not tell him why, they were not authorized to. Guess with that level of information sharing the answer to your question is NO.
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  #6 (permalink)  
Old 12-06-2007, 04:42 PM
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Quote:
Originally Posted by kriskris View Post
I am leaving to India tomorrow and planning to come back on AP. I got my H1 extn with the I-94 attached in the bottom till Sep 2010. Do I have to return the extn I -94 along with the white I-94 that is expired. I heard that some airlines don't take the extn I-94 and insist on taking the white I-94 only. Is it OK if i don't return my extn I-94. Will there be any issues after I come back if i don't return it.
You have to hand over the unexpired one in your I-797 ( make sure you do that one ) or else you might have trouble coming back in .

And also make a copy of the I-94 so in case they ask later you always have some proof.
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  #7 (permalink)  
Old 12-06-2007, 04:44 PM
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Originally Posted by indianabacklog View Post
It is important to hand an unexpired I94 to the airline as you leave the US.
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?
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  #8 (permalink)  
Old 12-06-2007, 04:44 PM
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Scary stuff. I know I am going to staple it all together now and give it to the airline.
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  #9 (permalink)  
Old 12-06-2007, 04:51 PM
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why do you want to keep it anyway?? you will get a new i-94 (or equivalent) when you come back.
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  #10 (permalink)  
Old 12-06-2007, 04:58 PM
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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.
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  #11 (permalink)  
Old 12-06-2007, 05:05 PM
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Quote:
Originally Posted by kriskris View Post
I am leaving to India tomorrow and planning to come back on AP. I got my H1 extn with the I-94 attached in the bottom till Sep 2010. Do I have to return the extn I -94 along with the white I-94 that is expired. I heard that some airlines don't take the extn I-94 and insist on taking the white I-94 only. Is it OK if i don't return my extn I-94. Will there be any issues after I come back if i don't return it.
Just staple the I-94 that came with extension to the I -94 in the passport and give it to them. I have travlled twice like that and i had no issues this is the first I am hearing. I know for a fact Lufthansa and Northwest KLM take it without any issues. I also know of a case when my friend forgot to surrender the I 94 that came with the extension and only surrendered the expired I 94 during departure. We spoke to USCIS in his case and the asked us to surrender the same with CBP with proof of travel . The address is given below

ACS, Inc.
1084 South Laurel Road
London, Kentucky 40744

I 94 must be submitted with proof of departure. Suggested proof includes the arrival stamp in one's passport and the boarding pass from the flight. Of course, it is vital to keep copies of any documents submitted. The CBP warns that, without proof of the departure, there is no guarantee that the information will be entered into their system. This is logical, since otherwise, people could send the documentation and claim departure when none occurred or claim departure on a different date.

Hope this helps.
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  #12 (permalink)  
Old 12-06-2007, 05:08 PM
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Default Extended I-94

Minor point really but the I-94 that comes with the extension does not have an expiry date. The expiry date is on the lower left piece attached to the I-94 and I-797
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  #13 (permalink)  
Old 12-06-2007, 05:08 PM
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Quote:
Originally Posted by kriskris View Post
I am leaving to India tomorrow and planning to come back on AP. I got my H1 extn with the I-94 attached in the bottom till Sep 2010. Do I have to return the extn I -94 along with the white I-94 that is expired. I heard that some airlines don't take the extn I-94 and insist on taking the white I-94 only. Is it OK if i don't return my extn I-94. Will there be any issues after I come back if i don't return it.
you need to return both. Typically they both will have the same I-94 number too. Clip them both together and the airline folks will take them both. Make copies for your own records, before you travel...
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  #14 (permalink)  
Old 12-06-2007, 05:14 PM
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One of my friend traveled through Continental and the airline people didn't accept the I-94 that came along with the H1-Extn saying that it is not a valid I-94 and took only the white one. He in fact stapled his extn I-94 to the old one, but the airline guys removed it from his white I-94. Ignorance of the immigration laws by some airline people leaves us in trouble.
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  #15 (permalink)  
Old 12-06-2007, 05:17 PM
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Quote:
Originally Posted by grupak View Post
Minor point really but the I-94 that comes with the extension does not have an expiry date. The expiry date is on the lower left piece attached to the I-94 and I-797
This is what I mentioned in my previous post.... There is no expiration date on the I-94 that you get along with the extension.

You just have to surrender all the I-94s and USCIS will know whether you left US when you are still in status or not...
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