Using I94 attached to H1B renewal notice in advance

NewCanadian · Post by **NewCanadian** » Mon Apr 02, 2012 10:15 pm

My current H1B expires in 3 months from now. My renewal H1B is approved and I got new I94 attached to H1B renewal notice.

My kids are in Canada school and have H4 visa. Their I94 expiry date is based on my current I94.

I am planning to visit Canada after their school year next month . My question is whether I can use new I94 while returning to US so that my kids can also get new I94. This will be helpful for me to avoid travel to border in the middle of summer holidays just because their I94 is ending.

nelsona · Post by **nelsona** » Tue Apr 03, 2012 9:34 am

The I-94 attached to your I-797 approval IS your new I-94 NOW. It is to be used NOW, by being stapled to your old I-94. The border will sort out what they do with those next time you cross. You don;t have to cross, because you already have new extension.

Your family however now do have to cross (with or without you), and will be issued a new i-94 based on your I-94 (you only haved ONE, it's the one you got form USCIS).

Any reason why an I-539 wasn'tsent wth your I-129? Then you would all have new expiry dates already, not just you.

NewCanadian · Post by **NewCanadian** » Tue Apr 03, 2012 9:46 pm

I checked my records. I received I-797 with I-94 and LCA documents from my employer.

I donot know whether I-539 is applicable in my case. My wife maintains separate status. My kids are away in Canada during school term.

Thanks a lot for clarification.

nelsona · Post by **nelsona** » Tue Apr 03, 2012 9:55 pm

So take the I-94 and put it in your passport. make sure employer has fresh I-9 on file for you.

Of course I-539 was applicable in your case. They are your children and they have a status dependant on you. When you extended your status, you could (should) have extend theirs.

But you can get H4 at the border, so don;t bother with I-539 now, it will be processed too slowly and they will have left US before approval, which kills the I-539, An I-539 filed with I-129 are handled together more quickly.