JSGB7

Hi,

As this is my first post on this board, let me start by saying hi...

I would like to ask for some help and opinions from other fellow E-2 Visa holders, who have had to renew their I94's

My wife & I recently moved out to the USA bought a small biz and followed down the E2 visa path. This was back in Nov04. Though our E2 visa in our passport is until Nov09, our I-94 is only valid until Nov06... in other words two years from arriving.

Everything revolves around the I94 date. including our drivers licenses to my EAD card. I need a new EAD card for my job (I have work auth as the spouse)

What does one need to do to renew the I-94 ??? Is this just a simple case of jumping on a flight to Canada and back one weekend?

If this is the case, then what paperwork do I need to bring. If any?

What sort of questioning can we expect?

I have been hearing conflicting stories on the above, from you cant go to Canada to, you need to extend your status through a lawyer and re-apply from the USISC office.

hopefully being on this board will finally lay to rest my concerns.. Can the wife & I fly over to Canada to get a new I-94 which will give us another 2yrs in the USA. Remember the US Consulate gave us a 5 yr E2 Visa in our British passports. But our right of admission at the port of entry was only for two yrs.

If anyone can throw some light on this rather confusing subject, please do so.


Many Thanks

redlobster

Hi, Dont worry, you have a five year visa..
What you need to do is leave the country before NOV
, even if its only two days in Canada, that will do it. When you come back you will get a new 2 year I-94 in your passport.. Sorted.
You dont need any paperwork.

redlobster

JSGB7

Hi Redlobster, and thanks for your reply.

This is exactly what I thought, well until I rec'd a reply from an 'Immigration Attorney' on a different forum. When I asked pretty much can I go to Canada for an I94 renewal, cos I heard somewhere that you need to completely leave the America's, she replied with this

'Because you were admitted to the USA for 2 years only, up to
November 2006, you have to apply for extension of your E-2 status
with the USCIS before your I-94 card will expire.

Departing the USA and going to Mexico or Canada is not going to
help. The best advice is to consult a qualified immigration attorney
who would assist you in filing for extension of your E-2 status.
Please note that it has to be done before your current I-94 expires.
And you do not have to depart the USA in order to renew your E-2
status.'

Being that this reply came from an immigration attorney, I kind of got a little paranoid... Especially as I no longer have any time to apply with the USCIS, hence my wanting to know from people, who actually do know.(other E2 expats). I even asked her if she read my posting correctly, mentioning my visa is until 2009, but she seemed pretty sure of herself. Can I ask you, Redlobster, and please don't take any offence, are you an E2 holder and have you been to Canada for a renewal of an I-94... please say yes .... )

redlobster

......Sounds like they are just after your cash.
My husband and I came over in Nov 04 on an E2 visa.
We have our biz in Tampa Florida.
We have been back to England twice and each time the I-94 was renewed at the POE. If you have a doubt about Canada etc, then go to the uk, BUT DO IT SOON.
If you want to ask a whole load of E2ers then ask it here.
www.thefloridaforum.us
It is a site mainly of E2ers and it might reasure you

redlobster

sas

Hi JSGB7, welcome aboard

I'm just about to come up on a renewal myself so I know the answer to this

There are 2 ways to renew your I94
1) Get the lawyers to do it, I was quoted about $2k for this
2) Fly out of the US and fly back in again.

You can NOT go to Mexico or Canada if you do your I94 will not be renewed when you come back in.

Bob

I just thought you had to be gone from the US for at least 48 hours....but I'm probably wrong.

JSGB7

Are you sure that this isn't only for the I-94W Green slip that only allows entry for 90days? I'm talking about the white I-94 card..

From what I've gathered so far, the I-94W (green in color) you HAVE to leave the americas. For the white I-94 just go over the border.

The only problem is this is info I've just gathered. No-one really knows for sure.. And I don't want to waste any time or money getting it wrong.

Thanks

JSGB7

Thanks for that link Red... It's without doubt the best forum for us E2'ers.... Hey out of curosity, did you get a 2yr or 5yr E2? We came in the same time as you, Nov 04 and got a 5yr.. I hear most people from that date have only rec'd a 2yr..

Thanks

Ray

I though it was good as well ........

Tim_in_SF

I travel to Canada multiple times a year with my E2 and when you leave the US, the gate agents or check-in guys DO NOT remove your I94 as a new I94 is not needed / issued upon re-entry. You will have to fly further afield to get a new I94! That said, it's often cheaper to fly to the UK than it is to fly to Canada :-)

sas

I'm really not sure, I was told this by our company's Immigration Lawyer so I have to assume that this applies to the White I94 that she knows I have.

Anyway it's a good excuse to get a free trip back to the UK

Folinskyinla

Hi:

Notionally speaking, going to Canada will do the trick. The problem is that many people use the I-94 as the travel document and the POE [or PFI in Canada] have a tendency to let you in on the old I-94. You have to be kind of insistant.

You can do that extension -- the problem is that with an E-2, you have to do the I-129 with E attachment -- and that is a pain in the rear end.

BTW, it should be noted that it is quite common for there to be a diffrence between "visa" and "terms of admission" [e.g. I-94] length of time.

As you note, the UK "reciprocity" for visas is five years, multiple entry. For Iran, it is three months, one entry.

However, the I-94 given at the POE is good for either one year or two years.

That Iranian will have the opposite problem you have.

redlobster

..
Hi , we got a five year thank god..We have both been back to the UK so we have renewed the I 94s till 2008.
Come time for our visa renewal and we will do it ourselves.

redlobster