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Do I need to leave then re-enter the country? (last I94 on previous H1B)

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  • Do I need to leave then re-enter the country? (last I94 on previous H1B)

    Hello!

    Currently I am on an H1B with employer B, got married and applying for adjustment of status via marriage based. Doing everything without a lawyer (I-130, I-131, I-485, and I-765).

    For the section on "last entered the united states". The last time I left/re-entered the country I was on H1B with employer A which expired in 2018, now I am on H1B with employer B with expiration date in 2011.

    My question is, do I need to leave the country and come back just to have an updated I 94 with current H1B from employer B's expiration date? I am canadian by the way and do not get a visa stamp, just the I 94.


    Thanks so much! Any input is greatly appreciated.

  • #2
    No, I don't think you need a new I94.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      Originally posted by Enub4 View Post
      No, I don't think you need a new I94.

      Do you think I should attach a separate document explaining that the I 94 record number I filled is not the most current one? And that on my current, valid H1B I have yet to travel out of the country?

      Thank you Enub!

      Comment


      • #4
        LLL No you do not need to leave US, please include the H1B 797A and 797Bs with your application, the latest 797B for your employer number B will have the updated i94 number in the bottom, use that as your latest i94 number.

        for me i last left US soil on 2014 and since then my i94 number remained the one that i got on my return back in 2014 in all my 797Bs.

        hope this helps.
        Marriage based AOS (IR1)
        Field Office : Chicago
        Service Center : NBC
        07/03/19 : RD
        07/13/19 : BIO Notice
        07/24/19 : BIO Complete
        07/26/19 : BIO Review Done
        09/05/19 : Ready to be scheduled for Interview
        10/04/19 : Interview scheduled
        11/13/19 : Interview - Approved
        11/21/19 : GC in Hand
        08/15/21 : ROC Window opens

        Comment


        • #5
          Originally posted by LLL View Post


          Do you think I should attach a separate document explaining that the I 94 record number I filled is not the most current one? And that on my current, valid H1B I have yet to travel out of the country?

          Thank you Enub!
          Did your I94 number change since you arrived in the USA?
          I had the same experience as Stormlead86 didn't leave the US and had a change of status (new I94 expiration) and an extension (new I94 expiration) and the number is the same.
          Nov 2018 - Package sent - EB - Texas Service Center
          Day 1 - Package received at the lockbox
          Day 999 - Card delivered to me - Aug 2021
          ---
          All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

          Comment


          • #6
            Enub4 and Stormlead86

            Thank you first of all. Very helpful.

            My H1B 797A from employer A and employer B have the same I-94#.

            HOWEVER, the I 94 on my H1B is NOT the same as the I-94 on my arrival card found on the online self check system. Is this normal?

            Lastly, for the adjustment of status forms, should I use the I-94 on my 797A?

            Comment


            • #7
              LLL okay so it works like this, if you have a latest H1B 797B while you are IN US with I94 number printed then that is the current i94 number for you, previous ones are outdated. Now if you left US AFTER you got your most recent 797B for your employer B and came back again then you will get a new I94 which would be your latest i94 and not the 797B one.

              since you last left while employed by employer A and then just moved to Employer B and never left US soil then the i94 in the petition with Employer B will be your most recent. you should be using that.

              'the I 94 on my H1B is NOT the same as the I-94 on my arrival card found on the online self check system. Is this normal?' - is this your original arrival or last return to US? if original arrival then you dont have to worry as everytime you re enter US you get a new I94.
              Marriage based AOS (IR1)
              Field Office : Chicago
              Service Center : NBC
              07/03/19 : RD
              07/13/19 : BIO Notice
              07/24/19 : BIO Complete
              07/26/19 : BIO Review Done
              09/05/19 : Ready to be scheduled for Interview
              10/04/19 : Interview scheduled
              11/13/19 : Interview - Approved
              11/21/19 : GC in Hand
              08/15/21 : ROC Window opens

              Comment


              • #8
                Thanks so much! You all just saved me from an unnecessary trip!

                Originally posted by Stormlead86 View Post
                [USER="848489"] 'the I 94 on my H1B is NOT the same as the I-94 on my arrival card found on the online self check system. Is this normal?' - is this your original arrival or last return to US? if original arrival then you dont have to worry as everytime you re enter US you get a new I94.
                that trip in 2018 while with employer A is not my first time in the U.S. I remember entering the country and they looked at my 797 notice but I wonder why they issued me an online I 94 with a different number.

                Comment


                • #9
                  Originally posted by LLL View Post
                  that trip in 2018 while with employer A is not my first time in the U.S. I remember entering the country and they looked at my 797 notice but I wonder why they issued me an online I 94 with a different number.
                  I bet the PoE officer typed something wrong in the system. Don't worry about that, your I94 on your 797 is the one you should use.
                  Nov 2018 - Package sent - EB - Texas Service Center
                  Day 1 - Package received at the lockbox
                  Day 999 - Card delivered to me - Aug 2021
                  ---
                  All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

                  Comment

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