I-94 FAQs

Watch the Video on this FAQ:

Covid-19/Coronavirus applying for B-2 status

Video Transcript

Reach out to your lawyers and explain to them what is happening and tell them to make sure you get copies of everything. File for your family's B-2 if your H-1 is not filed within that 60 day I-94 time. If it is filed go ahead and file another H-4 application with them. For applying for EAD under certain circumstances please click here. 

FAQ in detail...

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Watch the Video on this FAQ:

Loss of job/laid off during Covid/coronavirus times

Video Transcript:

First of all you are in a good situation because if you have a I-485 pending then you can continue to stay even if you lose your H-1B or L-1 or any status because I-485 allows you to stay here. EAD that comes with I-485 allows you to work here and advance parole that comes with the I-485 allows you to travel. Keep in mind that all these are additional benefits to being able to stay.

1. You have 60 days or the time remaing in on I-94 whichever is sorted so in this case probably 60 days.

2. It will not.

3. By the time you are ready to deal with the I-485 you should get another employment or at least an employment offer. More...

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Watch the Video on this FAQ: H1B visa holders during COVID

Video Transcript:

1. You can definitely take the state unemployment insurance if the state law allows. 

2. I-94 expiration date is in one of the two places. If your most recent I-94 was issued upon international travel you can go online and print out a copy but if your most recent I-94 was issued within USA as a change of status  you will need to get a copy of the approval notice at the bottom of which the I-94 is attached. Your lawyer should cut it out and give it to you. They are required by law to give it to you.

3. You cannot do that.

4. Reducing the number of hours is less objectionable. 

5. They are taking a long time and they don't necessarily have to get approved the same time. Yes, there is likely to be a gap. FAQ in detail...

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Watch the Video on this FAQ:

Does withdrawing a timely filed application/petition

with the USCIS lead to unlawful presence?

Video Transcript

In amendment case there is no 240 day limit. You can keep working as long as the file is active. 240 days is only extensions without a change. If you want to withdraw and go out of the country and travel back on H-4 for  that is fine.There is no unlawful presence here and you should always respond to RFEs. Never walk away from a RFE. It red flags your case.  The government starts thinking you are trying to do sometime. FAQ in detail...

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Watch the Video on this FAQ:

Options to stay in the USA after expiration of H-1B

Video Transcript

1. I don't think you would get the tourist visa or tourist status but you can apply for it.

2. 60 days is the total time.

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Watch the Video on this FAQ: I-94 expired -- Unlawful Presence

Video Transcript

Under the circumstances I would certainly look into 212(d)(3) waiver. 212(d)(3) waiver is given to those people where they have become subject to unlawful presence three year or ten year bar and there is no policy reason for the government to withhold their entry on a non immigrant visa. Please consult your lawyer regarding this matter. More....

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Watch the Video on this FAQ:

Status expiring during the pendency of an H-1B extension

Video Transcript

1. No, and there is no NTA even if it gets denied. You can leave the United States within a short period. After the denial you won't get an NTA.

2. You don't have to do that. There is no question of unlawful presence or being out of status when timely filed extension amendment or transfer request is pending and if you choose to leave the USA for whatever reasons you can always get a visa and come back. Traveling outside the USA does not abandon your H-1request. More...

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Watch the Video on this FAQ: Unlawful presence for minors

Video Transcript

For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...

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Watch the Video on this FAQ: Impact of unlawful presence

Video Transcript:

In your case make sure she came in with an I-94DS because if she did not have DS, then she's been accumulating unlawful presence for a while and then the only solution is when you become a US citizen, you can then apply for her I-485 without having an issue with unlawful presence because she entered legally. Please spend some time with your lawyer, go over your wife's situation in detail, learn all the pros and cons of your situation. More...

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Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

Video Transcript

1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

2. No, non-profit or for-profit does not matter you cannot transfer I-140s, you can transfer priority dates unless your 1-140 is based upon a National Interest Waiver or an EB-1A.  Your green card can be transferred once your I-140 is approved and I-485 has been pending 180 days, then it doesn't matter what the nature of the organisation is.

3. a.  I don't think there is any specific law on this issue. Technically, you can start working for them on receipt, but obviously you will only get a receipt if your case is picked up for the lottery. So if you have been maintaining H-1B status I believe you can start working for a cap subject employer as soon as your H-1 is picked up.

     b.  Absolutely. My guess would be if your H-1B cap subject H-1B is approved and it is not revoked till October 1st, I don't think you will be subject to a cap to work for a for-profit in the future. It shouldn't be revoked before October 1st and you should receive your change of employer. So in other words, you should get a new I-94 with the case because USCIS has been taking this position that just getting an H-1B approval does not put you over the top where you are safe from cap quota issues. They say unless you receive a change of status or go get a visa stamping till that time you are not exempt from the quota so you must also receive an I-94 which is a transfer of employer, but you can still continue working with the old employer.

    c.  Another way is applying for concurrent H-1B although it is a strange provision in the law where if you have a quota exempt H-1B as long as you maintain that without worrying about the quota you can also work on a concurrent H-1B for a quota employer.

    d. Moving to H-4 EAD is not a good idea because in June they are going to announce the revocation of the H-4 EAD regulations according to the court.

    e. Joining a Master's CPT and filing a cap yes, that's definitely an option.   

More....

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Watch the Video for this FAQ: Can I get H4 visa stamping while the H1 to H4 change of status is still pending?

Video Transcript:

Absolutely no problem at all. You can go to any country of your choice, no harm done. Remember for H-4 stamping a prior approval from the USCIS is not needed. You walk in with your spouses H-1 approval and that's how you get your H-4. More...

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Watch the Video on this FAQ: H-1B or other status denied - what is my status?

Video Transcript

Basic Concepts to be in Status

To be in Status means you got the right kind of I-94. For example, if you are on H-1B and you have got an H-1B and I-94 which is unexpired and a proper approval from the USCIS to work for that employer at that location and you get paid and you are doing the work that you are supposed to be doing. So Status is a combination of immigration permissions as well as the work you do in the context of H-1B. In the context of F-1 it is the study that you do, so you could have an F-1 approval on paper, but you are not attending school, you are out of status or you could have an H-1B approval with an unexpired I-94 but you are not approved to work at the location you are working.

Therefore, it is a mixture of immigration permissions and the activity which is permissible and expected under the immigration permissions.

Then comes unlawfully present. This is a very complicated concept. Unlawful presence is dangerous because 180 days of unlawful presence will make you ineligible to enter the United States for three years. One year of unlawful presence will make you ineligible for 10 years. Now typically the unlawful presence begins with I-94 expiration or a finding by the USCIS or by an immigration court if you are in proceedings in deportation etc... that you are out of status and unlawfully present. That's the date your unlawful presence will kick in. This is a very complicated concept.

So when you are not doing the activity or don't have the proper legal permissions you could be out of status and unlawfully present that's the third concept and the fourth concept is authorized period of stay. This is in between status. You are allowed to stay in the United States, but you cannot convert from one status to another, from authorized period of stay to status. An example: lets say you were on H-1 and you filed for I-485 Adjustment of Status you let the H-1B expire you working on EAD you are in an authorized period of stay. If you want to go back to H-1 you cannot do a conversion or a change of status from Adjustment of Status to H-1. You can get an H-1B approval, but to get this status you have to leave USA get a visa stamp and come back because authorized period of stay is not status. 

These are very important. Please share them with as many people as you can especially in today's environment when Trump administration is in my opinion illegally denying a lot of cases. More...

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Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

Video Transcript

1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

2. I don't know because I don't know the rules for the drop box. If you read the rules and you qualify for them, then the answer is yes.

3. I-94 is important. Once you are inside the USA your status is governed by the I-94. You could have a visa good till 2020 but if your I-94 is expiring tomorrow then you are going to be out of status day after tomorrow and unlawfully present. If your I-94 is expiring you got to get that extended whether it is through an H-1 extension or if you already have an approval and you can go outside with the visa for a visa stamping. H-1 and L-1 visas require a prior approval from USCIS. H-4 and L-2 visas do not. More...

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Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

Video Transcription

You do not need to get an H-4 extension from USCIS when you have certain derivative visas like H-4 or L-2. Those visas are given based upon the approval of the H-1 holder and the L-1 holder. For the dropbox facility, you have to look at the local rules. More...

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Watch Video on this FAQ: I-94 given for a shorter duration at the airport than the petition approval date

Video Transcript

No, the government wants you to look at only the most recently issued I-94. If it is a government error, then you can correct it through CBP otherwise apply for an H-1 extension like you normally would through USCIS or go outside the USA and come back using the approval that is good till 2018. They should be able to give you a new I-94. More...

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Audio FAQ: Protection of section 245 (K) for employment-based I-485

Audio Transcript

1. 245(k) says if you are an employment based applicant or spouse or child of an employment based applicant we will forgive you up to 180 days of being out of status or on authorized employment since the date of your last entry. Any period accumulated before last entry we can disregard. We only count from the date of the last entry. Hence it is a very strong permission to help you file I-485.

2. 245(k) is automatically given. The government actually applies for it themselves. You don't have to do anything special for it.

3. When you are in between statuses: H-1B extension pending or old I-94 expired you are not in status enough to apply for this kind of status. But if your status expired less than 180 days ago because of section 245(k) you can file Adjustment of Status. More...

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Audio FAQ: 60 days grace period for H-1B

Audio Transcript

1. Let's say your I-94 was not expiring for five or six months no doubt you could lay claim on the 60 day grace period and get another extension or change of status filed during that time. If you do anything during that 60 day period unless the grace period is denied for any other violation of status you are considered to be applying within the status.

2. As long as the difference between the last day of the 60 days and the period your F-1 begins is not more than 30 days you should be ok. More 

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Watch the Video on this FAQ: H-1B title "Programmers" and USCIS site visits

Video Transcript

1. Sure, if your job is indeed something other than a programmer. The problem is in the IT industry titles are very misleading you could have somebody called a programmer but they are doing software architecture. The job description is the most important thing. Titles matter only as pointers. Titles are not definitive.

2. Regarding site visits, they are going to target consulting companies and companies who are basically off-sitting their employees for site visits more than they would normally. Make sure you are working where you are supposed to be working, you are doing the job you are supposed to be doing at the level you are supposed to be doing. The job description should be the same as what you are actually doing and it should reflect the level of your seniority.

3. When you have a case pending it is OK to stay, it is called Authorized Period of Stay, but you don't have full status if your old I-94 is expired. More...

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Watch the Video on this FAQ: H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

Video Transcript

Let's say you have an H-1 which was good until August and you came to the airport in January and they gave you a I-94 good only till June because your passport was expiring in June. In that case, you have two options. If your passport is renewed and your visa is still good you can go outside and come back using the approval notice and the visa on your passport. You should be given the entire time remaining given in your petition plus 10 days. 

The second option is if you still have time on the I-94 that was given to you at the airport you can apply for an extension while you are within the USA. More...

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Watch the Video on this FAQ: Changing employers after 6 years of H-1 are over

Video Transcript

1.Yes you can file for an extension. That's all you need a copy of the approved I-140. It is safe to change companies. The law is once your I-140 is approved and stays approved for 180 days, even if your old employer revokes your I-140 you have the right to keep extending your H-1 through any employer.

2. I think you can apply 180 days. The new regulations allow you to file for EAD extension 180 days ahead of time. Have it double checked. It is not a guaranteed right but USCIS has said that they will accept that unless they post it differently on their website. So always double check the information. More...

You must carry the I-94 printout at all times. A photo ID is also important. The evidence of status COULD be in the forms of copies, I think. It is not required, but I recommend you do carry it.

For more on this issue watch this video.

Watch Video: I-94 given for duration shorter than entitled

Video Transcript: In this case there is one piece of information missing as in I do not know how long your I-94 was expired, how much is the difference between expiration of the old or the H-4/I-94 that was given to you during your last entry and the H-1 approval date beginning. So if that gap is more than 180 days you should consult with your lawyers or have a consultation with us if you like. But that needs to be evaluated very carefully because that has many ramifications. Remember errors made by CBP (Customs and Border Protection) can be corrected by just going back to the port or one of the many CBP offices all over the country. 

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Watch Video: Gap in Status

Video Transcript:

Answer 1: These kinds of de minimis small gaps are sometimes  even a product of the way the government works. In your case I don't think it is going to be a problem. Technically yes even for one day being out of status the government can say you are out of status, but when they have already approved your status I don't think this is going to be a major issue. 

Answer 2: I personally think it is still not a big issue because  if you got the H-4 already with an I-94 attached I doubt if the government is going to make an issue out of it. But you can do another thing. You can file a tourist visa to cover you for those two months but make sure it does not go beyond July 14. Other wise your status will be changed to B. So you could do a stop gap kind of arrangement or you could leave USA for a couple of months. But even if you stayed I doubt whether it is going to be an issue. 

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See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/ZvUVIGTM-Kk?t=1245

FAQ Transcript:

If you file for your H-1extension you are allowed to travel. You are allowed to travel even when your H-1 transfer is pending. A few things to keep in mind when you do - is are you maintaining status etc etc., but travel while transfer or extension of  H-1 is pending is allowed. The question is when you come back your I-94 changes and that is not a problem. That should not cause any delay and I don't see any need for any amendment. The fact that your H-1 is taking so long is most probably not related to this issue. But if you want you can double check with the USCIS customer service. I always advice that. 

The I-94 admission record is created electronically and maintained in CBP systems. CBP will verify the I-94 electronically to re-validate an expired visa if the traveler meets the conditions of automatic revalidation. In order to demonstrate eligibility for automatic revalidation, a traveler may be required to present a copy of the website printout to the air or sea carrier prior to boarding. If entry occurred prior to automation, a paper form must be presented in order to comply with validation requirements. For more information about automatic revalidation go to http://www.cbp.gov/document/bulletins/automatic-revalidation-visas.

If you tried to retrieve your I-94 from the cbp.gov online system and you receive a response that your I-94 is "Not Found", please read the following questions to help you check for mistakes and try to enter the information again:

1. Did you enter your first and last name the same way it appears on your passport?  Please do not use dashes or titles.

2. Did you enter the passport number that appears on the upper right hand side of your passport?

3. Did you enter your country of citizenship (country that issued the passport, not where you currently live)?

4. Under Class of Admission, did you enter the visa classification that appears on your U.S. visa OR, if you are traveling under the visa waiver program (VWP) enter WT/WB?

5. If you entered your first and middle name and it is not found, try one name or the other.  Also try entering your first and middle name in the first name box.

6. Try entering either your most recent date of entry or your original date of entry into the U.S.

If you still cannot find your I-94, please contact your nearest* Customs and Border Protection Deferred Inspection Site and a CBP Officer will be able to assist you.

*When you open the link to the Deferred Inspection Site, you will find an alphabetical list of locations within the United States. 

Note:  Asylees and refugees should have received a hand written or stamped I-94 upon entering the U.S. and will not be able to retrieve I-94 information online.

Please refer to the following link for information on printing your I-94: http://www.immigration.com/news/general-nonimmigrant-visa/i-94-web-appl…

U.S. Customs and Border Patrol (CBP) indicates that, if an I-94 has an error, any POE can correct. If I-94 expiration date is based on the limitation of the travel document (i.e. passport expiration date), then this is not an error that will be corrected.

U.S. Customs and Border Patrol (CBP) indicates that the mere fact that there is no I-94 does not determine whether or not an individual overstays. Moreover, an individual who is admitted as a B, but does not receive an I-94 either on the southern or northern border is in a legally materially different status than an individual who is admitted as duration of status. Canadians accrue unlawful presence irrespective of whether they have an I-94.

She must have a separate I-94.

It can take a few months. You can apply for premium processing even when the case is filed and pending.

Two choices: Leave USA and reenter using your L-1 visa or re file your L-1 with USCIS for extension.

Visa is irrelevant for status in USA. Look to your I-94 only. I dont see why you cannot renew EAD till I-94 validity. Since this matter is important, do double check with the company lawyers.

That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.