H1B: Return of I-94 for short trip (under 30 days)

[canuck123]

Hi All,

Situation:

-Canadian Citizen (of Indian Origin) on H1B working in US
- I-94 valid till Dec 2010
- Travel plan ( All dates in May 2009)

USA-> Canada ( stay for a day in Canada)
Canada -> India -> Canada ( 3 weeks in total )
Canada -> USA ( stay for 2 days in Canada en route to USA)


Net: Under 30 days return back to USA.

Question: Do I have to return the I-94 when I board the airline at US en route to Canada?

I have read in some other posts that we need to return I-94 only when you return back to Canada for good .All the posts, I could locate, were related to cases where people were travelling between US <>Canada. But could not find and post with the scenario of a third country travel.

Would appreciate any guidance on the above scenario. This is a very informative forum. Thanks in advance for your help.
canuck123

[Reba]

You should not have to return a still valid I-94 unless your employment with the company who sponsored your H1B has terminated.

[Steven]

Can't remember if H-1B gets multiple entry I-94s, but anyway, basically it boils down to what is stamped on your I-94. If it says "multiple entry" you don't have to turn it in, if it doesn't, then you do. Even if you're in a category that allows multiple entry on the I-94 you can still get a new one when you-reenter anyway, it's not a big deal as long as your I-797 is still valid.

Coming in from a third country is irrelevant, you could be on TN-1 and visit Mongolia, the I-94 is still multiple entry, doesn't matter where you go.

You can have I-94s for multiple entry categories that are single entry too, either because the CBP made a mistake when they issued it or they asked the question whether you were going to leave while your status was valid. If you said: "no" they might not have put "multiple entry" on it.

[lfen]

Hi canuck123,

I'd like to hear how things went for you on your trip regarding your I-94 as I've been having some very conflicting issues lately with my own.

Twice I have been yelled at by customs agents for having my I-94 in my passport on my return to the US and was told that it should have been turned in when I left the country. On another trip I was yelled at by the customs agent for not having it and was told that I should never turn it in. And once they didn't bother looking into my passport to see what my status is (go figure).

And my lawyer doesn't seem to have any answers...

Anyone else going through this?

Thanks!

[lawsrlaws]

First, what is your status?

Here is how it works:

If you fly from the USA to any other Country, the AIRLINE will pull your I-94 on you. they do this because they are instructed to take them and return them to CBP. This is done on order to record a departure. Yes, I know your H1 is still valid, but the Airline doesn't care, they are instructed to take all of them. When you return to the USA the Departing Airport CBP will issue you a new one based on your 797 or we can look it up in the system.

Now, if you travel by land, the Canadian Officers know not to take your H1 because it is a Multiple entry document.

I find it hard to believe that an Officer would yell at you for not turning in an un-expired I-94. No offense, but I am guessing that you have been an H1 in the New Jersey area for a long time, and when your H1 expires, you don't bother to turn in your I-94. Am I right? The I-94 clearly states on the back that you MUST turn in your I-94 BEFORE the expiration date. Read the back. Something you may not know.....If you don't turn in the I-94 and you hold on to it for months AFTER the expiration, the computer sees you as an overstay, and thus causes us to do hordes of paperwork explaining this fact, each and everytime we encounter you. If none of the above applies to you, then the Officer is either new, or just an ass by nature.

[lfen]

My status is that I am about to begin my second year of an H1-B, and I was previously on a TN visa for a year. I have never been out of status, and my visa has never 'expired".

Here is an old thread where I discussed the issue.

Do I keep or turn in my I-94 when I travel

I have read what is written on the I-94, which is why I find this all so confusing. Also, as I explained, I've been twice told that I was not supposed to let the airline take the I-94 out of my passport, and then the one time I kept it was told that I should have let the airline remove it. Maybe it is just three bad experiences, however on two previous threads people on here instructed me to KEEP the I-94.

[Steven]

Like I said above, basically it boils down to what is stamped on your I-94. If it's stamped "multiple entry" you only have to surrender it the last time you leave before it expires. If it's not, then you surrender it any time you leave.

I have to say this is not a particularly big deal, the key is not to stay beyond the date on the I-94. If you accidentally surrender a multiple-entry I-94 then it just means you have to fill in another one and pay $6. The regulations make it clear that CBP should re-issue a multiple entry I-94 if you surrendered it by accident (provided your status is still valid of course).

[gescores]

I thought that Canadian citizens typically don't need a visa to enter and work in the US. Essentially if you where on a TN and changed to H1B you got a change of status notification (I-797A). Essentially this mean that it's a H1B status (and not the H1B stamped visa that others get). Along your change of status notification (I-797A) you should already have an I-94 than you don't surrender - even if this is what is written at the back of it.

Anyway, that is my understanding, but I will double-check with the immigration lawyers who did the my application.