I 94

[harigoli]

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[shervin143]

No. You should have the approved petition with you. If you have that, at least you can leave the country and return back to get an I-94 at the POE (provided you already have a valid visa). It is required for stamping as well. Talk your employer or your employer's attorney.

[harigoli]

I 94

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[shervin143]

Usually if they cannot issue you an I-94 there, then they will ask you to file the extension. I haven't heard of cases where they take the documents. However since it is just a copy, I don't think you should worry so much. Is your current I-94 still valid? If yes, then either file the extension or leave the country and return back on H1B visa.

[shervin143]

This is exactly why you should not leave the country when a petition is pending with USCIS. Search and read about the "last action rule". The last received I-94 takes predence over all the other I-94's that you have. Technically you should have returned the I-94 that came with the approval notice to CBP since you were outside the country when the petition got approved.

Do you have a valid visa in hand? If yes, then your best bet is to leave the country (make sure you return all the I-94 that you have when you leave) and return back on a valid passport (the renewed one in you case), a valid visa and petition which will get you a new I-94 until the petition expiry date.

[shervin143]

The entire botton portion of the approval notice belongs to you. Your employer will need to give that to you. You need to return that original I-94 (That comes with the approval notice) to the CBP and not a xerox copy.

Anyhow, search an read about the last action rule. The last received I-94 is what will take the precedence. Either file the extension before that I-94 (Received at the POE) expires or leave the country and return back with a new I-94.

[immihelp]

Message for harigoli. Please don't delete your questions, once you get answer for your questions.