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  • I-94 confusion

    Hi,

    My I-539 petition for H4 extension was filed when i was on visit to India. When i re-entered US I was given I-94 upto Feb2007 (based on my visa and earlier petition). I was told at the port of entry if i did not receive my extension by Feb i need to get out of US. If i get extension within Feb2007 i need to send my I-94s for update (with $150 fee)-- i couldnt understand what he meant.
    My question:
    (1) Though i mentioned to the officer my extension was already filed why did he say i need to get out?
    (2) Couldnt understand why i need to send my I-94's when i think the "new" I-94 which i will receive will be the latest one and will be valid.
    (3) As my I-539 application will be having copy of old I-94 and before this extension application is processed i have received a new one I-94. Do i need to send the latest I-94 copy as well? What are impacts of not sending it?
    Any clarification will be highly appreciated..

    Thanks in advance,
    Saamri

  • #2
    I-94's

    My I-539 petition for H4 extension was filed when i was on visit to India. When i re-entered US I was given I-94 upto Feb2007 (based on my visa and earlier petition). I was told at the port of entry if i did not receive my extension by Feb i need to get out of US. If i get extension within Feb2007 i need to send my I-94s for update (with $150 fee)-- i couldnt understand what he meant.
    My question:
    (1) Though i mentioned to the officer my extension was already filed why did he say i need to get out?

    ---- Until and unless the approval document is in your hands there is no reason to believe that your extension has been approved. Mere filing of the application does not guarantee approval

    (2) Couldnt understand why i need to send my I-94's when i think the "new" I-94 which i will receive will be the latest one and will be valid.

    ---- If the H4 approval notice is not received and if the same has been denied, then you have to send in all the I-94's that you have in your possession to establish your true status within the US

    (3) As my I-539 application will be having copy of old I-94 and before this extension application is processed i have received a new one I-94. Do i need to send the latest I-94 copy as well? What are impacts of not sending it?
    Any clarification will be highly appreciated..

    ---- You need to turn in all the old I-94's to the USCIS once your H4 approval notice is received as that will be your latest proof of status to reside within the US. If you do not turn in the old I-94's, USCIS will not know about your status

    Subramanya

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    • #3
      Thanks Subramanya for the response!! Is I-94 status not automatically updated when one receives a I-94? Are 2 different depts issuing I-94 that they need to be updated?
      Saamri

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      • #4
        I-94 Validity

        Is I-94 status not automatically updated when one receives a I-94? Are 2 different depts issuing I-94 that they need to be updated?

        ---- Whether the records are updated or not the burden of proof is your responsibility to ensure that USCIS is informed of your current status and the journeys that you have undertaken in the past. Remember everytime you leave the country to travel overseas you have to handover the I-94 to the airline authorities and then board the flight or ship

        Subramanya

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