postbox134

Hi all,

Just wanted to post about an interesting experience I had when returning back into the US a few weeks ago, after a trip back to the UK. I've been in the US for two and bit years now, with a Petition Expiry Date (PED) middle of 2022. However, as is seemingly quite common my Visa foil is valid until 2024 (5 years since it was granted). I intend to renew my status shortly, which you can only do 6 months before expiry for the final 2 years of my L1B.

Back when I first moved to the US, I applied for Global Entry assuming a few trips back home a year would make it worthwhile. Unfortunately, it took a very long time to get 'Conditionally Approved' and it was well into the pandemic before that happened. I kept putting off the interview until I thought travel was back on the cards and finally did that in NYC July 2021. Since then I've used PreCheck a couple of times domestically. I also, as a technical guy, thought the compexities of us on non-immigrant visas would be very hard to automate in Global Entry, but L1 is not on the list of visa types not allowed (https://help.cbp.gov/s/article/Artic...language=en_US) so I assumed it'd work just fine. I am aware that first entry on a particular visa should be via the normal channel, which to me says that GE would merely look at the most recent previous i94 and just use that by default. At my interview the CBP officer kindly added my L1 to my profile and said it was all good (after some confusion where they asked for my non existent green card!).

Anyway, coming back into JFK earlier in January I was excited to use Global Entry for the first time having applied well more than two years before. Approaching the kiosk I was surprised to see it did not ask for my passport, but to merely take a selfie with the camera. It then correctly flashed up with my full name and passport number, and when I said that was correct it printed out the receipt. It turns out JFK has the newer facial recognition kiosks now so there is no filling in the customs declaration on the screen or select admission type. I took the receipt to the officer, who asked 'anything to declare?' to which I said tea and chocolate (of course) and he waved me through. While waiting for my luggage, I checked my i94 online I noticed that a new one had been issued within 3 mins, but the date of admit until was 2024! (when my foil expires) not my PED of 2022. Surprised, I then went home assuming it may change or be updated.

The next day I checked again and it was still the same, so I emailed the lawyers that my company use. They have a policy where we should send updated i94s anyway on return to the US and so I simply got the PDF and asked why it was wrong and too long? They were as surprised as me, and couldn't work out how that had happend (I also explained the Global Entry process to them). I then asked if I should contact the CBP deferred examination phone number at JFK and get it corrected, which they agreed is probably the right thing to do. Attempting to call JFK the next day took me to a recorded voice all day, so I gave up and called Newark instead. After holding for a bit, I explained to the officer that the i94 I had been issued by Global Entry was incorrect and too long. He then took my passport number, asked what my date should be (?!) and prompty updated it. I checked and it immediately showed the 2022 date I expected. The lawyers then agreed it was good to have everything matched up, but I am still confused about what would happen if I didn't notice/didn't do anything.

TLDR: Global Entry automatically used my visa expiry date, not the PED, to calculate my i94. I then called the CBP to get it updated which they did instantly.

Now some questions:
1. What would happen if I didn't notice/didn't take any action? Would it automatically extend my L1 without having to renew? I expect not but don't really know the legal specifics about i94/Petition/Visa
2. I'm now assuming that I will have to call every time I enter now, because GE will always get it wrong
3. Has anyone else on non-immigrant visas had experiences with GE like mine?
4. Can I use the PDF I have of an incorrectly long i94 to get a longer Driving License? I guess they look it up live but I am already dreading going back to the post-COVID MVC in NJ to renew my license that expires in 2022 when my PED is.

For Citizens/Green Card Holders/B1/B2/ESTA - the GE alogorthim I assume is pretty trivial (admit forever or 90/180days) . But for L1/H1 etc. it's not so simple.

GeneralPowerpoint

If I remember correctly the PED overrides the I94 so even if your i94 said one thing if the underlying status has expired your i94 is irrelavent.

I supposed it's the same as if you'd been admitted until your PED but then you'd been fired. You'd have to leave because the underlying status has expired. Even though the i94 was in date.

tht

I would find the relevant email address and get the underlying issue fixed vs. calling every time. Back when I applied for an ESTA in 2008, the website had a issue where you could not input a passport validity of more than 10 years. I sent a 3 line email and it was fixed within 6 days.

I have been using GE since 2011 and it’s amazing. As a carryon only for nearly any trip (without kids) I would be through and out of customs in 10-15 mins from stepping of the plane at EWR.

postbox134

Yeah that's effectively what the attorneys said, it was unsupported without a valid petition. Wasn't exactly sure of the precise legallities of it as i94 is usually referred to as the governing documentation.

postbox134

I'll have a dig, happy to try and improve for everyone if I can.

Overall, it's been a great experience getting GE except the 12 month wait for approval into COVID. At JFK the limitation was the baggage handling not immigration which hasn't been the case for me before in the all other visas line... Crossing the border took about 2 mins in totally, half of which was me trying to get the selfie in frame.

tht

when it comes to renewal see if any of your credit cards cover it. I have 2 or 3 that reimburse the entire fee.

postbox134

Yep 100% I now have a platinum Amex.