I94 expiring, Valid H1

[reema_53]

Hello All

My I-94 is expiring early next year but H1B is valid till Sept 2013. This happened because my Indian passport is expiring in a few months, so the immigration officer only gave the I-94 till passport validity, when I last entered the US. My wife's I-94 is also valid till the same date.

I want to know that if we travel to Canada for 3-4 days and come back, will we get a new I-94?
If yes, then do they take I-94 before entering the flight to Canada? And will be pass through the same immigration when entering back into US from Canada as we do when we are entering into US from any other country?

Thank you very much for the help.

[shervin143]

If your duration stay in less, they they will not remove your I-94 when you leave the country. Instead, they will ask you to use the same upon your return. If you are planning a trip to Canada or Mexico just to get the I-94 renewed, then you have to make sure that you return all the I-94s when you leave and get a new one upon your return. If not, your total trip would be worthless. If you take a one way ticket to Canada, then you can return all the I-94s stating that you are not too sure about your return date. That way, they will remove your I-94 and upon your return you can get a new one. But one way tickets will be little expensive. It is just an option to consider.

[kabkaba]

I assume you have got your passport renewed first.
Just submit all your current I-94's to the airline when you check-in or submit to the Canadian official when you enter Canada by road.
While returning by air, US immigration takes place in Canada itself. There just show them your petition approval notice, new Passport and Visa in the old passport and they will give a new I-94.
Alternative is for your employer to file a petition amendment or cap-exempt petition to extend your I-94.

[reema_53]

Thanks for the response.

I am confused now.

Shervin143, when I am leaving the country for Canada, will they ask me when I will return?

Kabkaba, if I am returning to the US via a direct flight from Canada, will I go through immigration at the US airport on arrival?

[shervin143]

Yes. They can also easily figure it out from your return ticket.

Shervin143, when I am leaving the country for Canada, will they ask me when I will return?

[kabkaba]

When you check-in for the US to Canada flight, give the airline agent all your I-94's. After you arrive in Canada, you will go through Canada immigration.

Before you board the Canada to US flight, you will go through US immigration in Canada itself. Past that point, it will be like a domestic US flight. It will arrive in the domestic section of US airport.