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I-94 Question, Please Help!!

I-94 Question, Please Help!!

Old Sep 9th 2001, 6:07 am
  #1  
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I am Sorry If I am posting this question to wrong Forum.

One of my friend who is Indian Citizen and worked on H1B Visa in USA landed as Permanent Resident in Canada by Border post from USA to Canada, after few days stay in Canada he left for India FROM Canada and came to Canada from India, His I-94 was not taken by any airlines when he went to India from Canada( he also never asked them to take it), Now he is in Canada and I-94 is still attached to his passport, after few days he will Come to USA from Canada by border post or by Air as he has valid work permit and job till December in USA. I do not have any answer for this I-194 question,
Did he commit any mistake?

Should he have given I-94 when he left for India from Canada?because according to INS one should give his/her I-94 to airline staff when some one leaves USA but he left for India From Canada not from USA. I only know that person can keep I-94 if he/she Visits Canada or Mexico less than 30 days from USA and In theory one can never be in possession of an I-94 outside
North America.But he kept I-94 outside of Noth America.

Please help in this matter. His H1B visa is Valid till December 2001, can he still enter USA from Canada from Border post or Airlines on this I-94 which is still with him and attached to his passport and valid ?

If you find any mistake on his part or Airlines part from Canada .Please guide what should be done now as he kept the I-94 with him in India and came back to Canada with I-94.
Thanks in advance
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Old Sep 10th 2001, 1:21 am
  #2  
James Yoh
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Ask him to make a copy of the I-94 and retain the copy. After he entered the U.S.
Port of Entry (POE), explain to the INS that the I-94 was never collected due to a
mistake and turn in the original I-94. The INS at POE should retain it and file it
with the appropriate department. I am assuming that he has a valid H1B visa.

James Scott Yoh

www.getusavisa.com
 
Old Sep 10th 2001, 5:37 pm
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Dear James, Thanks for the reply.He will tell the truth at POE for this mistake and will hand over his I-94 to INS officer, He has Valid H1B, so he needs I-94 to enter USA, do you mean that he will be given NEW I-94 at POE?
Thanks







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Old Sep 10th 2001, 10:25 pm
  #4  
Alistair Bell
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On Mon, 10 Sep 2001 17:36:57 GMT, inders99 is alleged to have said:
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Yes. It is NOT normal for anyone to carry an I-94 outside North America. If entering
by air, he will be given a blank I-94 when he checks in for his flight, will fill it
in during the flight, and get it stamped at the port of entry.

Alistair

I am not a lawyer, and anything I say is worth exactly what you paid for it
(i.e. nothing!) For reliable advice, always consult a good immigration lawyer.
 
Old Sep 11th 2001, 1:45 am
  #5  
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Dear Alistair
I know that person is given New I-94 by Airlines staff when one Enters USA by Air and he/she fills up the Form and INS officer at arrival airport in USA stamps it, BUT THE QUESTION IS THAT HE HAS VALID I-94 with him and he will be entering USA from Canada by Border post in USA
1 .will the same I-94 will be accepted which is valid and attached to his passport with valid H1B visa stamped in his passport?
2.If he tries to surrender this current I-94 to INS officer at Border POE, the officer will think that why is he giving this I-94? because he has valid I-94 and can enter with this I-94 in to USA

I rang up One of the US immigration Lawyer in Canada he says that:
what my friend does in Canada (whether flies to India or lives in Canada) should be of no concern to the Americans, so he should be fine at the borders with his valid 1-94 and Valid H1B Visa.I don't think, your friend will be penalized. It is the duty of the Airline staff to collect the I-94, In your friend's case, he hasn't flown from US. So, nobody can take the I-94 card when he took a flight from Canada to India ,If he would have taken the Flight from US to India then the airlines would have taken the I-94.your friend will be OK with the existing I-94 and can enter US with out any problem as he has valid job and his H1B Visa is valid.


But my friend is still confused about all this I-94 matter because everybody gives diffrent versions and nobody is CLEAR..


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Old Sep 11th 2001, 4:37 am
  #6  
Shelley
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You did not mention earlier that your friend was flying back into Canada and then
returning to the US. He will be fine entering the US with his current I-94. He
can explain that he crossed into Canada and now is returning to the US. Take
Care. Shelley

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Old Sep 11th 2001, 4:46 am
  #7  
Gary L. Dare
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I rang up One of the US immigration Lawyer in Canada he says that: what
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I'm a Canadian and with one day stopovers in Toronto and Montreal, flying to Paris
in-between, it didn't stop my border officer from ragging on me for having the I-94
for my TN that my issuing officer, months ago, told me to hang on to for dear life.
For TN's it's the only record that you have other than having a copy of your original
application support documents with you.

Yeah, like I was in a position to argue that I was outside their jurisdiction by
flying to France from Canada ... sheesh!!

--
Gary L. Dare [email protected]

Ripco Internet Services- Chicago
 
Old Sep 11th 2001, 6:02 pm
  #8  
Sylvia Ottemoeller
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inders99 wrote:

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It probably will, but it is not the correct action. He should insist on getting
a new I-94.

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He should explain to the officer that he left the territory of Canada during his
stay, and so he does not qualify to reenter the U.S. using the same I-94.

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Wrong. The regulations regarding automatic visa revalidation (see
http://www.wright.edu/academics/inte.../autovisa.html) refer to "applying for
readmission after an absence not exceeding 30 days solely in contiguous territory."
"Solely in contiguous territory" means that you did not leave Canada or Mexico
during the trip.

so he should be fine at the
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There is a procedure for giving up the I-94 at a border crossing.

So,
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True.

If he would have taken the Flight from US to India then the
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True.

your friend will be OK with the
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Well, the INS officer at the port of entry will not know he left Canada unless your
friend tells him.

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Well, it's hard to say what to do. Probably nothing will ever happen to him if he
enters the U.S. using the old I-94, so it may not be worth making a big fuss about
it. However, he should be aware of what the correct action actually would be.
 
Old Sep 12th 2001, 5:14 am
  #9  
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Dear Sylvia,
Thank you very much, you have provided the clear information and guidence.
My friend has decided that he is not going to speake anything for india trip from Canada, he will just show the Visa and I-94,at Border post, if the INS officer asks him some questions then only he is going to speake about his Trip to India from Canada .
Thanks once again
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