H1B renewal while in Canada

[nvap23]

Hello:
Want to first thank senior members of these threads such as @harirajmohan who help others by answering questions.

My status: Long time H1B in US, moved to Windsor with Canada PR in 2019

Situation:
1. My current Employer A is filing for H1B renewal in the next week and I am working with an attorney for paperwork.
2. I have an approved H1B transfer I797 with Employer B but waiting for a start date because of COVID.

Questions:
1. Should I be physically present in US when H1B renewal is filed? Does that mean overnight on the day of filing or going for work during those days would be good enough?
2. Attorneys with Employer A asked me to submit latest I797 to them along with other paperwork and I am wondering if I should provide the newest H1B transfer I797 from Employer B that includes same #I94 but a much longer #I94 validity date.
3. I am also wondering if during the border crossings to US, If I could request CBP to provide me an updated paper #I94 with the longer validity date even before joining company B.

Thanks in advance for your responses.

 

[harirajmohan]

Hello:
Want to first thank senior members of these threads such as @harirajmohan who help others by answering questions.

My status: Long time H1B in US, moved to Windsor with Canada PR in 2019

Situation:
1. My current Employer A is filing for H1B renewal in the next week and I am working with an attorney for paperwork.
2. I have an approved H1B transfer I797 with Employer B but waiting for a start date because of COVID.

Questions:
1. Should I be physically present in US when H1B renewal is filed? Does that mean overnight on the day of filing or going for work during those days would be good enough?
2. Attorneys with Employer A asked me to submit latest I797 to them along with other paperwork and I am wondering if I should provide the newest H1B transfer I797 from Employer B that includes same #I94 but a much longer #I94 validity date.
3. I am also wondering if during the border crossings to US, If I could request CBP to provide me an updated paper #I94 with the longer validity date even before joining company B.

Thanks in advance for your responses.

1. Yes you should be in US at least on the day the file reaches USCIS as per my attorney.
But usually they will ask for your I94 details and all hence not sure if you can provide it on the same day and file it on same day.
2. You dont need to show the future employer's petition for your comfort with current employer. This is not mandatory document hence dont worry.
3. Are you outside now and not in status? I assume you have visa? if so then i think that you need to get new I94 for working for new employer if you cross frequently or your employer can file(not sure if amendment or some other thing not sure the way for it as you are not on same status after h1 was approved)

 

[nvap23]

Thanks again for your prompt responses.

1. When I checked CBP website for recent I94, I see one from July although I have been commuting few times a week. I will be submitting the same online I94 for H1B renewal. The travel history with Arrival/departure records on CBP website is accurate though. Anyways, I will check with my attorney if I need to be in US at the time of renewal. Staying in US overnight is not a big concern but I am just wondering I would be asked to self-isolate on return to Canada during COVID for staying overnight in US and would like to avoid that.
2. Ok, In the past, I used to provide all approved I797s to attorney but this time I will make an exception.
3. My H1B visa is expired since US consulates have been closed since March because of COVID. I am able to use AVR to enter US since my current paper #I94 has validity until end of this year. I am just wondering if I can use the new I797 from employer B and request a new #I94 with longer validity.

 

[harirajmohan]

Thanks again for your prompt responses.

1. When I checked CBP website for recent I94, I see one from July although I have been commuting few times a week. I will be submitting the same online I94 for H1B renewal. The travel history with Arrival/departure records on CBP website is accurate though. Anyways, I will check with my attorney if I need to be in US at the time of renewal. Staying in US overnight is not a big concern but I am just wondering I would be asked to self-isolate on return to Canada during COVID for staying overnight in US and would like to avoid that.
2. Ok, In the past, I used to provide all approved I797s to attorney but this time I will make an exception.
3. My H1B visa is expired since US consulates have been closed since March because of COVID. I am able to use AVR to enter US since my current paper #I94 has validity until end of this year. I am just wondering if I can use the new I797 from employer B and request a new #I94 with longer validity.

1. If you go for work then there is no quarantine in Canadian side. I travel once in a week or two weeks but never asked to quarantine in the last few months.
3. If you have not been given new i94 after your new I797 was issued then the same I94 is being activated hence if thats the case then you can very well use it to start working for new employer because its the same I94 for both employers hence no issues.
You have not entered since jul?

 

[nvap23]

1. If you go for work then there is no quarantine in Canadian side. I travel once in a week or two weeks but never asked to quarantine in the last few months.
3. If you have not been given new i94 after your new I797 was issued then the same I94 is being activated hence if thats the case then you can very well use it to start working for new employer because its the same I94 for both employers hence no issues.
You have not entered since jul?

1. I understand there is no quarantine if we go to work and come back on the same day. I would be surprised if Canada immigration doesn't ask for quarantine if we stay in US overnight 1-2 days if needed for H1B renewal.
3. Yes, I have been in US multiple times since July for work but I did notice the recent I-94 on CBP website does not get updated everytime I cross the border and travel history on CBP website is accurate.
As of now, the newest I797 from Employer B includes an #I94 with 3 years additional validity date while the paper #i94 that I received from CBP last year has validity until end of this year. I guess I can ask CBP to update the paper I-94 if and when needed either using the i797 from employer B or the new one that I would receive from employer A on H1B renewal approval.

Thanks again.

 

[harirajmohan]

Yes, I have been in US multiple times since July for work but I did notice the recent I-94 on CBP website does not get updated everytime I cross the border and travel history on CBP website is accurate.

As of now, the newest I797 from Employer B includes an #I94 with 3 years additional validity date while the paper #i94 that I received from CBP last year has validity until end of this year. I guess I can ask CBP to update the paper I-94 if and when needed either using the i797 from employer B or the new one that I would receive from employer A on H1B renewal approval.

You should look in the I94 travel history which gets updated, not in the I94 main section. It gets updated in history immediately.

If the I94 number you see online is same as the one you have (the one with B or A i assume its same number) then you dont need to do anything as you just use the one given in the approval which is the I94 by uscis is valid.
Check the I94 number online and in your passport and in B. Verify that first to see if its same number.

 

[nvap23]

I agree that I94 history gets updated immediately. But, the actual I94 is not updated regularly which is what we submit to USCIS on any H1B renewals.

I confirm that the I94 online, paper I94 given by CBP and new I94 that is included in I797 approval petition from employer B all have the same number.
The paper I94 given by CBP has a validity till end of the year which matches I797 approval petition from my current employer A. My question was if I could use I94 from my future employer B which has longer validity. I am guessing CBP will give me a new I94 sooner or later based on the new I797 petition from Employer B.

Thanks again

 

[harirajmohan]

I agree that I94 history gets updated immediately.
1. But, the actual I94 is not updated regularly which is what we submit to USCIS on any H1B renewals.

I confirm that the I94 online, paper I94 given by CBP and new I94 that is included in I797 approval petition from employer B all have the same number.
The paper I94 given by CBP has a validity till end of the year which matches I797 approval petition from my current employer A.

2. My question was if I could use I94 from my future employer B which has longer validity.
3.I am guessing CBP will give me a new I94 sooner or later based on the new I797 petition from Employer B.

1. Why do you think that this is the one you submit to uscis for renewals? Here is an example:
You come on F1 in 2017. Changed to H1 in 2019. Renewal in 2020 for which would you be hunting for new I94 for which you would reenter US to get updated I94? No. If you dont reenter then you dont even have an option to get updated I94.
And you should know that there are many people like this who have not exited the country for 10 years and still do renewals. Its nothing to do with updated I94. All uscis needs is the number to check all the detail. The updated I94 is actually given by uscis - I am not sure why you need more than that.
Its up to you if you want to get scrutinized more by cbp while getting new I94 and that too while having expired visa(which is not a good idea).
2. Yes you can use it since its the same number for A, B and online.
3. Sometimes few cbp members want to give new one based on new employer while crossing the border and they will ask you to go inside secondary to issue new I94, in which case you will anyway have to take one but till that time its better you dont seek new/updated one till you have valid visa.

 

[nvap23]

I agree that there is no reason for me to ask CBP to issue me a new I94. I will continue using my current one which is valid until end of this year and hope either my H1B renewal goes or I switch employer in between.

@harirajmohan I really appreciate your prompt responses.