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Which I-94 to use for I-485

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  • Which I-94 to use for I-485

    Greetings,

    I have a question about I-485 form:

    I am on the H1B extension which was issued while in the US. I entered the US two years ago and have an I-94 number from when I was admitted. This I-94 is already expired.

    When my H1B extension was approved, I received an I-797 form that has a new I-94 and expiration date, but I did not leave the US since and do not have another arrival record.

    My question is, what would you guys put in I-485 as the I-94 number, should I put the one from my last arrival or the one that was issued with the H1B extension?
    Should the I-94 No. match the arrival record, in terms of the date and port of entry? Can I use the new I-94 No. from the I-797 and still put in the date and port of entry that correspond to my older I-94 No. ?

    Thanks a lot for your thought on this,

    DS.

  • #2
    Originally posted by dimism View Post
    Greetings,

    I have a question about I-485 form:

    I am on the H1B extension which was issued while in the US. I entered the US two years ago and have an I-94 number from when I was admitted. This I-94 is already expired.

    When my H1B extension was approved, I received an I-797 form that has a new I-94 and expiration date, but I did not leave the US since and do not have another arrival record.

    My question is, what would you guys put in I-485 as the I-94 number, should I put the one from my last arrival or the one that was issued with the H1B extension?
    Should the I-94 No. match the arrival record, in terms of the date and port of entry? Can I use the new I-94 No. from the I-797 and still put in the date and port of entry that correspond to my older I-94 No. ?

    Thanks a lot for your thought on this,

    DS.
    it does not matter. i-94 is only used to show you inspected and admitted by CBP. Both show the same thing

    Comment


    • #3
      Originally posted by azblk View Post
      it does not matter. i-94 is only used to show you inspected and admitted by CBP. Both show the same thing
      Thank you!

      Comment


      • #4
        Originally posted by dimism View Post
        Greetings,

        I have a question about I-485 form:

        I am on the H1B extension which was issued while in the US. I entered the US two years ago and have an I-94 number from when I was admitted. This I-94 is already expired.

        When my H1B extension was approved, I received an I-797 form that has a new I-94 and expiration date, but I did not leave the US since and do not have another arrival record.

        My question is, what would you guys put in I-485 as the I-94 number, should I put the one from my last arrival or the one that was issued with the H1B extension?
        Should the I-94 No. match the arrival record, in terms of the date and port of entry? Can I use the new I-94 No. from the I-797 and still put in the date and port of entry that correspond to my older I-94 No. ?

        Thanks a lot for your thought on this,

        DS.
        The latest one you got, which is the one from your extension of status in your case.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          The latest one you got, which is the one from your extension of status in your case.
          Thank you for your reply!

          I guess what is confusing to me are the questions on the form about the last port of entry and the expiration date of i94, since the i94 that I used to enter the country is already expired and the new i94 form that I received when my status was extended, was not used to enter the country.

          So, if they want to know if I was legally admitted to the country, I should use the old I94, even if it is expired. On the other hand, they might want to know whether I am still in a legal status and than I would need to provide the newer I94.

          Comment


          • #6
            Originally posted by dimism View Post
            Thank you for your reply!

            I guess what is confusing to me are the questions on the form about the last port of entry and the expiration date of i94, since the i94 that I used to enter the country is already expired and the new i94 form that I received when my status was extended, was not used to enter the country.

            So, if they want to know if I was legally admitted to the country, I should use the old I94, even if it is expired. On the other hand, they might want to know whether I am still in a legal status and than I would need to provide the newer I94.
            You can always send copies of both with the forms, perhaps attaching an explanation for two I-94s, just so they can see that you did indeed enter the country legally on an old I-94.
            Marriage AOS - 2018

            4-10: Sent to Chicago Lockbox
            4-12: Arrived in Chicago
            4-14: Picked up by USCIS
            4-19: Email & text notifications received
            4-23: I-797 Receipts received
            4-27: Biometrics notice received
            5-10: Courtesy letter for I-693
            5-11: Biometrics completed
            6-04: Interview scheduled
            6-09: Received interview letter
            7-10: Interview complete & approved, status change to New Card being Produced
            7-13: Card was Mailed
            7-18: Green Card in Hand

            Comment


            • #7
              Originally posted by dimism View Post
              Thank you for your reply!

              I guess what is confusing to me are the questions on the form about the last port of entry and the expiration date of i94, since the i94 that I used to enter the country is already expired and the new i94 form that I received when my status was extended, was not used to enter the country.

              So, if they want to know if I was legally admitted to the country, I should use the old I94, even if it is expired. On the other hand, they might want to know whether I am still in a legal status and than I would need to provide the newer I94.
              For the questions that ask for the port of entry where you entered, answer with your actual port of entry. For the questions that ask about your I-94, answer about your latest I-94. Once you get an I-94, it supersedes all previous I-94s even if they were still valid.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                Every newly issued I-94 replaces previously issued one. So in I-485 you need to put the LATEST issued I-94. It can be issued by DHS or USICS for refuges or asylees. So Once again only the latest one i-94 number

                Comment

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