Experience : I-94 update for H1B (Amendment + Extension ) with Daily commute on AVR

[harirajmohan]

Hey,

Did your i94 number changed on the Amended i797? seems like i got the same i94 on amended one as well. Even though we have same i94 number, do we still need to update it at the border once we are trying to re-enter border with newi797? please let me know.

Ps: i have got the same validity as before. I mean my old i797 has the same validity as the new one. Haven't received new i797 though, email from employer shows same validity date as old one.

Amendment/transfer: Validity depends on the duration requested at I129, depends on approval decided by the officer at uscis.
When i transferred, i got less validity. So sometimes we get this headache, cant do much.

You can use the amended I94 and sometimes some officer might ask you to get a new I94. You can ask the border official if you need to get one or some officer can ask you in some cases. But it wont be a problem either way to deal with the border.

 

[swan0206]

Amendment/transfer: Validity depends on the duration requested at I129, depends on approval decided by the officer at uscis.
When i transferred, i got less validity. So sometimes we get this headache, cant do much.

You can use the amended I94 and sometimes some officer might ask you to get a new I94. You can ask the border official if you need to get one or some officer can ask you in some cases. But it wont be a problem either way to deal with the border.

Generally with Amendment isn’t it “the same validity as current H1b?” Thats the reason, i got validity same as current H1b is what i think. I got to know that only transfers or extensions get new validity like 3yrs from now? However, my amended i797 has the same i94 number as before. Still do i need to ask new i94 at border?

 

[harirajmohan]

Generally with Amendment isn’t it “the same validity as current H1b?” Thats the reason, i got validity same as current H1b is what i think. I got to know that only transfers or extensions get new validity like 3yrs from now? However, my amended i797 has the same i94 number as before. Still do i need to ask new i94 at border?

Approval period depends on whats submitted in I129 and what officer ready to approve for. During trump period we have seen approval of few months too. Rarely it was even with past date.

You can continue to use it till someone asks to get one. Its not a big problem. its up to you if you want to get it changed.
I recently heard from my colleague that land border guys didnt give him white I94 card(like how we dont get when we fly in to the US). So possibly thinking land border guys dont need white cards to identify if this person is a regular traveler or not. But not a big deal either way.

 

[swan0206]

Approval period depends on whats submitted in I129 and what officer ready to approve for. During trump period we have seen approval of few months too. Rarely it was even with past date.

You can continue to use it till someone asks to get one. Its not a big problem. its up to you if you want to get it changed.
I recently heard from my colleague that land border guys didnt give him white I94 card(like how we dont get when we fly in to the US). So possibly thinking land border guys dont need white cards to identify if this person is a regular traveler or not. But not a big deal either way.

I was given a paper slip stapled last year in Feb when i have started using AVR. i have been commuting with that. I have a H1b visa interview coming up, as my i94 number haven't changed. I had used the same number in my DS-160 as well. Does it matter now if border guys assign me a new i94? Its my wish right to show them the new i797 while i enter next time? Or i have to for sure show them the new i797? Any idea if they have LCA level access to them because my client has changed !

 

[harirajmohan]

I was given a paper slip stapled last year in Feb when i have started using AVR. i have been commuting with that. I have a H1b visa interview coming up, as my i94 number haven't changed. I had used the same number in my DS-160 as well. Does it matter now if border guys assign me a new i94? Its my wish right to show them the new i797 while i enter next time? Or i have to for sure show them the new i797? Any idea if they have LCA level access to them because my client has changed !

It doesnt matter if cbp gives new I94 as cbp and uscis have same right to allow the candidates to be inside.

My case after stamping:
When i travelled with new visa(even though i had gotten the I94 from land border earlier with same new approved period before stamping), even though i showed brand new visa, he didnt ask me to go insde.
Next day, i was told to go inside to get new I94.

After stamping, just enter as usual. Show the new visa. if you want you can ask them if you need new I94 or wait for their guidance and go accordingly. Either way its their job to decide if we need new I94 or not. Either they will use existing I94 or give a new one.

I dont know how deep they have access to. They can simply ask whats our work location if they have any doubts hence we cannt tell differently than our approved locations.

 

[swan0206]

It doesnt matter if cbp gives new I94 as cbp and uscis have same right to allow the candidates to be inside.

My case after stamping:
When i travelled with new visa(even though i had gotten the I94 from land border earlier with same new approved period before stamping), even though i showed brand new visa, he didnt ask me to go insde.
Next day, i was told to go inside to get new I94.

After stamping, just enter as usual. Show the new visa. if you want you can ask them if you need new I94 or wait for their guidance and go accordingly. Either way its their job to decide if we need new I94 or not. Either they will use existing I94 or give a new one.

I dont know how deep they have access to. They can simply ask whats our work location if they have any doubts hence we cannt tell differently than our approved locations.

Hi Hari,
Got my new i797. I plan to travel this month but have a question, can i say that i am going for shopping and show them the new i797 ?? The new i797 is amended with a location far from the border(i need to fly to my workplace,its that far). Or can i still keep my new i797 and show them the old i797? The new i797 has 10days extra on i94 comapared to old i797?? I cannot fly or plan to fly to new workplace now as its still remote but wanted to keep my AVR active till my visa interview.

 

[harirajmohan]

Hi Hari,
Got my new i797. I plan to travel this month but have a question, can i say that i am going for shopping and show them the new i797 ?? The new i797 is amended with a location far from the border(i need to fly to my workplace,its that far). Or can i still keep my new i797 and show them the old i797? The new i797 has 10days extra on i94 comapared to old i797?? I cannot fly or plan to fly to new workplace now as its still remote but wanted to keep my AVR active till my visa interview.

yes you can but its only for 10 days hence you can skip but there is no guarantee that officer might ask new later which i dont know.
Either way even if you say that you are going for shopping and try to get new I94, they will have to ask on your work detail and location detail before formally issuing new I94 and at that time it will come up on how you are trying to maintain your work and residence when its far. You should have good reason such as you are planning for once in 2 weeks trip for few days every time(or something logical given the distance between border city and the work city).

 

[swan0206]

Either way even if you say that you are going for shopping and try to get new I94, they will have to ask on your work detail and location detail before formally issuing new I94 and at that time it will come up on how you are trying to maintain your work and residence when its far. You should have good reason such as you are planning for once in 2 weeks trip for few days every time(or something logical given the distance between border city and the work city).

Got it. I have my visa appointment in June. I plan to travel to my workplace once i get my visa stamped. Till that time i wish to cross border for shopping and keep my AVR active with the old i797. My current paper i94 and the i94 issued on new i797 have the same number though!

Any idea if i can show my new i797 to extend my i94 after getting my Visa stamped during travel to work? Or do i give the new i94 expiry on ds160 so that it gets automatically extended when i go for stamping?

 

[harirajmohan]

Got it. I have my visa appointment in June. I plan to travel to my workplace once i get my visa stamped. Till that time i wish to cross border for shopping and keep my AVR active with the old i797. My current paper i94 and the i94 issued on new i797 have the same number though!

Any idea if i can show my new i797 to extend my i94 after getting my Visa stamped during travel to work? Or do i give the new i94 expiry on ds160 so that it gets automatically extended when i go for stamping?

Just entering will be enough to keep status active. Doest matter on what I797 you have as just I94 record maintains status.

Before stamping:
To get new I94, either you can ask if you need new I94 because you got new I797 or you can say that you would like to get new one because you received new I797(and then he/she can tell if he/she is willing to send you inside to get new one or he/she might say that its ok to use the one you received from uscis or the one already you have currently(since its only 10 days difference) )

After stamping:
Same like above but you can ask if you need new I94 as you got new stamping and they will advice on it.

 

[swan0206]

Just entering will be enough to keep status active. Doest matter on what I797 you have as just I94 record maintains status.

Before stamping:
To get new I94, either you can ask if you need new I94 because you got new I797 or you can say that you would like to get new one because you received new I797(and then he/she can tell if he/she is willing to send you inside to get new one or he/she might say that its ok to use the one you received from uscis or the one already you have currently(since its only 10 days difference) )

After stamping:
Same like above but you can ask if you need new I94 as you got new stamping and they will advice on it.

Looks like a plan. thanks Hari.

 

[CanadianInWaiting]

Hi. I recently moved to Windsor after H-1B extension + amendment and I plan to start commuting next week. My I-94 is the same as the previous one. I am filling up DS160 for a new visa stamping appointment in Canada.
1) Is it correct that I can submit the DS160 now with the I94 number that I have and take a visa appointment OR should I wait until start commuting in case I am issued a new I-94?
2) What should I list as home address on the DS160? Home country address that matches the passport OR the place I am living in Canada?

 

[Cananm]

Hi @shri.ca, @swan0206
Thanks for valuable info shared in the post above!

I have somewhat similar situation and wanted to see, if u have any insights that u can share!

I moved to Windsor, Canada (PR) in May 2022 as my role is Remote in US, but didnt had any residential address in Michigan and H1B was registered in different state.
My current H1B is valid until March 2024!
Didnt informed employer about the move but kept on crossing the border atleast once a month for personal/ office trips making it atleast 4-6 weeks (or greater ) in a year (2022 n 2023) to USA.
Now I wanted to update my location to Detroit, Michigan as RTO has been made mandatory and my new office space would be located in Detroit.

Question:
1) I just wanted to understand how did you all manage to provide the necessary info regarding the extension to attorney and USCIS,
wasnt there a question regarding the long absence from US or daily commute to Canada!

2) And from the time when the case was submitted to attorney,
the travelers history on I94 may have been updated several times until the case reached to USCIS,
and even the USCIS was working on the extension case,
so wasnt that a concern to the USCIS!
I am assuming most of the members here were commuting daily and had their earlier H1B location as border state!

3) I plan to stay inside USA for the entire time, from attorney preparing the case to getting decision back from USICS,
as my company is not aware of my Canadian residence!
Do u think this is necessary step or
I should stay in USA only during the week when the package is received with USCIS and receipt notice is generated
and post that can get back to Canada and continue commuting using the existing H1B!

Anybody's response will be much appreciated!!

 

[swan0206]

Question:
1) I just wanted to understand how did you all manage to provide the necessary info regarding the extension to attorney and USCIS,
wasnt there a question regarding the long absence from US or daily commute to Canada!

USCIS is not bothered. But as you have mentioned that you haven't told your employer that you are in Canada you need to be cautious or let them know atleast now that you are outside and commute to work. But if have access with your attorney then no issues you can talk to them regarding your presence and absence . In my case, when i had applied for amendment no questions were asked by my attorney. They just need all your docs including i94. thats it. But i think there is one place where they had to give your recent entry into United States. So if you wanna let them know that you are staying outside you can communicate that you will be inside the country from particular date and accordingly they would pull your latest i94 after that(Thats how i have done during my extension). During my amendment i wasn't in touch so closely with my attorney so i had travelled well before 10days and then they had enough time to finalize the docs.

2) And from the time when the case was submitted to attorney,
the travelers history on I94 may have been updated several times until the case reached to USCIS,
and even the USCIS was working on the extension case,
so wasnt that a concern to the USCIS!
I am assuming most of the members here were commuting daily and had their earlier H1B location as border state!

Not sure on how USCIS keep looking at this for people commuting regularly. May be it is understood that they commute daily and they are actively working inside US or something like that. I am not aware of this scenario.

3) I plan to stay inside USA for the entire time, from attorney preparing the case to getting decision back from USICS,
as my company is not aware of my Canadian residence!
Do u think this is necessary step or
I should stay in USA only during the week when the package is received with USCIS and receipt notice is generated
and post that can get back to Canada and continue commuting using the existing H1B!

If you plan not to let your company know that you are outside, that is the best thing to do(stay inside from the time after your LCA gets approved). If i were you, i would go with Premium to let go off unnecessary hastle.

 

[shri.ca]

Adding to swan0206 response:

Q1. My employer and attorney were in knowledge of commute and remote work from Canada, so no issues!

Q2. You are asked for your travel history only by attorney. The primary purpose is to capture days you were outside of US and account them in 6 year (H+L) clock. In case Perm / I-140 are not filed, these days are accounted during extension. When you commute often, attorney will submit application with asterisk mentioning multiple trips in/out of US. USCIS will not be much bothered as long as I-94 emission number / class of admission stays the same.

Q3. Once your case status reads 'Application received' on USCIS website, you can commute without any problem. You will receive approved I-797 with same I-94 number as previous one, provided you commute regularly and do not spend more than 30 days outside of US. I agree with @swan0206, to save unnecessary hassle, it is better to expedite in premium processing and stay within US until extension is approved.