reentry from Canada
Nov 4th 2005, 8:59 am
#1
Guest
Posts: n/a
reentry from Canada
Hi,
I urgently need to travel to Canada, but I was not able to obtain a
visa appointment at any U.S. consulate in Canada. So, I will need to
reenter using my expired visa stamp.
My situations is as follows:
1. I-797A approval notice valid until March 2006
2. H1B visa stamp expired on March 2005
3. expired I-94 (dated March 2005)
The reason I have an expired I-94 is that my H1B status was extended in
early 2005, but I have not travelled internationally since then.
I read on Department of State's website that you need a "valid" I-94.
What's the definition of "valid" here? Is my I-94 considered valid in
this case?
Will I have any problem reentering the U.S.?
Thank in advance for your help.
I urgently need to travel to Canada, but I was not able to obtain a
visa appointment at any U.S. consulate in Canada. So, I will need to
reenter using my expired visa stamp.
My situations is as follows:
1. I-797A approval notice valid until March 2006
2. H1B visa stamp expired on March 2005
3. expired I-94 (dated March 2005)
The reason I have an expired I-94 is that my H1B status was extended in
early 2005, but I have not travelled internationally since then.
I read on Department of State's website that you need a "valid" I-94.
What's the definition of "valid" here? Is my I-94 considered valid in
this case?
Will I have any problem reentering the U.S.?
Thank in advance for your help.
Nov 4th 2005, 12:06 pm
#2
Forum Regular
Joined: Nov 2005
Location: On the move
Posts: 43
Re: reentry from Canada
Originally Posted by Katelyn Tung
Hi,
I urgently need to travel to Canada, but I was not able to obtain a
visa appointment at any U.S. consulate in Canada. So, I will need to
reenter using my expired visa stamp.
My situations is as follows:
1. I-797A approval notice valid until March 2006
2. H1B visa stamp expired on March 2005
3. expired I-94 (dated March 2005)
The reason I have an expired I-94 is that my H1B status was extended in
early 2005, but I have not travelled internationally since then.
I read on Department of State's website that you need a "valid" I-94.
What's the definition of "valid" here? Is my I-94 considered valid in
this case?
Will I have any problem reentering the U.S.?
Thank in advance for your help.
I urgently need to travel to Canada, but I was not able to obtain a
visa appointment at any U.S. consulate in Canada. So, I will need to
reenter using my expired visa stamp.
My situations is as follows:
1. I-797A approval notice valid until March 2006
2. H1B visa stamp expired on March 2005
3. expired I-94 (dated March 2005)
The reason I have an expired I-94 is that my H1B status was extended in
early 2005, but I have not travelled internationally since then.
I read on Department of State's website that you need a "valid" I-94.
What's the definition of "valid" here? Is my I-94 considered valid in
this case?
Will I have any problem reentering the U.S.?
Thank in advance for your help.
If you're going to Canada for less then 30 days you might able to re-enter under "automatic visa revalidation". Do a google search to learn more.
Nov 4th 2005, 10:41 pm
#3
Guest
Posts: n/a
Re: reentry from Canada
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[email protected] wrote:
> Hi,
>
> I urgently need to travel to Canada, but I was not able to obtain a
> visa appointment at any U.S. consulate in Canada. So, I will need to
> reenter using my expired visa stamp.
>
> My situations is as follows:
> 1. I-797A approval notice valid until March 2006
> 2. H1B visa stamp expired on March 2005
> 3. expired I-94 (dated March 2005)
>
> The reason I have an expired I-94 is that my H1B status was extended in
> early 2005, but I have not travelled internationally since then.
I'm sorry, but this doesn't make sense. You need to have a valid unexpired
I-94 at all times while in the USA. Usually, the I-797A approval notice
should have a new I-94 attached at the bottom. Tear it off and staple it to
your original I-94. Keep both the original and the new one in your
passport, and when you travel outside Canada or Mexico, surrender both
I-94s together. Legally, both I-94s are considered one and the same
document, and the expiration date and status from the last one counts.
If the I-797A does not have a new I-94 attached at the bottom, you have a
problem and should consult with an immigration attorney immediately. In
that case, DO NOT set foot outside the USA; you would not be allowed to
return, probably for at least three years.
> I read on Department of State's website that you need a "valid" I-94.
> What's the definition of "valid" here? Is my I-94 considered valid in
> this case?
Valid means "unexpired" as well as "you are going back to the USA to
continue to work for the same employer in the same position". There are a
few more criteria.
The old I-94 is not valid because it expired eight months ago. The new one
from the approval notice is (presumably) valid.
> Will I have any problem reentering the U.S.?
With the old I-94 alone, yes, you would have a major problem. If you do have
the new I-94 as well, go for it. No problem going to Canada and coming back
within 30 days.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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[email protected] wrote:
> Hi,
>
> I urgently need to travel to Canada, but I was not able to obtain a
> visa appointment at any U.S. consulate in Canada. So, I will need to
> reenter using my expired visa stamp.
>
> My situations is as follows:
> 1. I-797A approval notice valid until March 2006
> 2. H1B visa stamp expired on March 2005
> 3. expired I-94 (dated March 2005)
>
> The reason I have an expired I-94 is that my H1B status was extended in
> early 2005, but I have not travelled internationally since then.
I'm sorry, but this doesn't make sense. You need to have a valid unexpired
I-94 at all times while in the USA. Usually, the I-797A approval notice
should have a new I-94 attached at the bottom. Tear it off and staple it to
your original I-94. Keep both the original and the new one in your
passport, and when you travel outside Canada or Mexico, surrender both
I-94s together. Legally, both I-94s are considered one and the same
document, and the expiration date and status from the last one counts.
If the I-797A does not have a new I-94 attached at the bottom, you have a
problem and should consult with an immigration attorney immediately. In
that case, DO NOT set foot outside the USA; you would not be allowed to
return, probably for at least three years.
> I read on Department of State's website that you need a "valid" I-94.
> What's the definition of "valid" here? Is my I-94 considered valid in
> this case?
Valid means "unexpired" as well as "you are going back to the USA to
continue to work for the same employer in the same position". There are a
few more criteria.
The old I-94 is not valid because it expired eight months ago. The new one
from the approval notice is (presumably) valid.
> Will I have any problem reentering the U.S.?
With the old I-94 alone, yes, you would have a major problem. If you do have
the new I-94 as well, go for it. No problem going to Canada and coming back
within 30 days.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Nov 5th 2005, 9:24 am
#4
Guest
Posts: n/a
Re: reentry from Canada
Hi Kevin,
Thanks for the detailed answer. Yes, I do have the I-797A with new I-94
attached at the bottom. I just did not konw that this could be used for
reentry as it says "departure record". I thought I should give it to
the custom when I leave the U.S. But, I understand now that I must not
surrender the new I-94 and the old I-94 when I go to Canada. Correct?
Thanks a lot!
Thanks for the detailed answer. Yes, I do have the I-797A with new I-94
attached at the bottom. I just did not konw that this could be used for
reentry as it says "departure record". I thought I should give it to
the custom when I leave the U.S. But, I understand now that I must not
surrender the new I-94 and the old I-94 when I go to Canada. Correct?
Thanks a lot!
Nov 5th 2005, 7:46 pm
#5
Guest
Posts: n/a
Re: reentry from Canada
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[email protected] wrote:
> Hi Kevin,
>
> Thanks for the detailed answer. Yes, I do have the I-797A with new I-94
> attached at the bottom. I just did not konw that this could be used for
> reentry as it says "departure record". I thought I should give it to
> the custom when I leave the U.S. But, I understand now that I must not
> surrender the new I-94 and the old I-94 when I go to Canada. Correct?
Correct.
Your old white I-94 should also say "departure record" actually.
When you filled out the I-94 on your flight over, it was a long form with
three separate parts. One of them was the arrival record (which they kept
at the airport), the second one I can't remember, and the third one is the
departure record (which they handed to you in your passport, to keep until
you leave the USA). Your new I-94 is basically the same thing.
For temporary trips to Canada or Mexico, you are right, you are supposed to
hold on to the departure record. For that matter, you would usually find it
difficult to surrender it in the first place. In a few situations, people
do need to surrender the I-94, and they sometimes have to really go out of
their way to do so.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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[email protected] wrote:
> Hi Kevin,
>
> Thanks for the detailed answer. Yes, I do have the I-797A with new I-94
> attached at the bottom. I just did not konw that this could be used for
> reentry as it says "departure record". I thought I should give it to
> the custom when I leave the U.S. But, I understand now that I must not
> surrender the new I-94 and the old I-94 when I go to Canada. Correct?
Correct.
Your old white I-94 should also say "departure record" actually.
When you filled out the I-94 on your flight over, it was a long form with
three separate parts. One of them was the arrival record (which they kept
at the airport), the second one I can't remember, and the third one is the
departure record (which they handed to you in your passport, to keep until
you leave the USA). Your new I-94 is basically the same thing.
For temporary trips to Canada or Mexico, you are right, you are supposed to
hold on to the departure record. For that matter, you would usually find it
difficult to surrender it in the first place. In a few situations, people
do need to surrender the I-94, and they sometimes have to really go out of
their way to do so.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Nov 7th 2005, 2:13 am
#6
Forum Regular
Joined: Jun 2005
Posts: 38
Re: reentry from Canada
Originally Posted by Katelyn Tung
But, I understand now that I must not
surrender the new I-94 and the old I-94 when I go to Canada. Correct?
surrender the new I-94 and the old I-94 when I go to Canada. Correct?
Nov 7th 2005, 9:50 am
#7
Guest
Posts: n/a
Re: reentry from Canada
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canadian04 wrote:
>
>> Hi Kevin,
>> Thanks for the detailed answer. Yes, I do have the I-797A with new I-
>> 94
>> attached at the bottom. I just did not konw that this could be used
>> for
>> reentry as it says "departure record". I thought I should give it to
>> the custom when I leave the U.S. But, I understand now that I must
>> not
>> surrender the new I-94 and the old I-94 when I go to Canada. Correct?
>> Thanks a lot!
>
> Yes, but keep in mind that sometimes (depending on the agent you
> encounter upon re-entry) they may actually take your *old* I-94.
> Happened to me quite some time ago at one of the border crossings at
> Niagara Falls. I actually protested and went to see the immigration
> folks in the building, but they said that the *old* I-94 is expired and
> I have no right to keep it. The new I-94 with the approval notice is
> enough to keep. So apparantly, even some of the folks at the border are
> not aware of the requirement to keep both old and new I-94 together.
You probably are right. Actually, I'm not sure if it is a *requirement* or
simply recommended practice. Technically, it shouldn't be a big deal
because you still have the new I-94.
My main concern would have been that they may have submitted the old I-94 to
data entry, and falsely recorded you as having left the country.
> BTW, I adjusted later to PR, and USCIS did not even comment on the fact
> that I only had the new I-94, and not even a copy of my old one.
What really matters is just the number on the I-94 - and that should be the
same on the old and the new one.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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canadian04 wrote:
>
>> Hi Kevin,
>> Thanks for the detailed answer. Yes, I do have the I-797A with new I-
>> 94
>> attached at the bottom. I just did not konw that this could be used
>> for
>> reentry as it says "departure record". I thought I should give it to
>> the custom when I leave the U.S. But, I understand now that I must
>> not
>> surrender the new I-94 and the old I-94 when I go to Canada. Correct?
>> Thanks a lot!
>
> Yes, but keep in mind that sometimes (depending on the agent you
> encounter upon re-entry) they may actually take your *old* I-94.
> Happened to me quite some time ago at one of the border crossings at
> Niagara Falls. I actually protested and went to see the immigration
> folks in the building, but they said that the *old* I-94 is expired and
> I have no right to keep it. The new I-94 with the approval notice is
> enough to keep. So apparantly, even some of the folks at the border are
> not aware of the requirement to keep both old and new I-94 together.
You probably are right. Actually, I'm not sure if it is a *requirement* or
simply recommended practice. Technically, it shouldn't be a big deal
because you still have the new I-94.
My main concern would have been that they may have submitted the old I-94 to
data entry, and falsely recorded you as having left the country.
> BTW, I adjusted later to PR, and USCIS did not even comment on the fact
> that I only had the new I-94, and not even a copy of my old one.
What really matters is just the number on the I-94 - and that should be the
same on the old and the new one.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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