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Canadian Visitors need to check I-94

admin — Thu, 12 Jan 2017 01:25:03 +0000

Canadians historically have crossed the border and have not been issued an I-94, nor have their passport been stamped. Snowbirds came to Florida or Arizona, and stay the entire winter, which might stretch more than 6 months. The Customs and Border Patrol (hereinafter CBP) has recently, without any warning whatsoever, started issuing I-94. Since the I-94 is issued electronically, the Canadian nationals may not even know about it and thereby have illegal stay.

Moreover under 8 CFR §214.2(b)(2), Canadian visitor’s with a B visa has to be given a minimum of 6 months. I-94s might be given for shorter duration.

This procedure, done very quietly by CBP, might put a lot of Canadians in illegal status. Then depending on the length of their illegal stay, they may be barred from entering the United States for 3 to 10 years. This bar means no cross border shopping or even visiting your winter home down south.

Please go here to check your I-94 and get the date by which time you will need to leave USA.

For more information, please contact Banerjee & Associates.

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Land Port of Entry Nonimmigrants Can Make an Advance, Online Application

admin — Thu, 17 Nov 2016 17:19:09 +0000

U.S. Customs and Border Protection (CBP) has made its Form I-94, Arrival and Departure Record, available online for travelers prior to their arrival at a land port of entry.

This document is to be completed by foreign nationals entering the United States with nonimmigrant visas. Travelers entering the United States by land may now save time by paying the $6 I-94 application fee and entering their biographical and travel information online, up to one week before entry.

The goal of advance online I-94 processing, is to expedite entry via land ports and reduce administrative duties of CBP officers, while maintaining high levels of security.

Travelers may now submit information online that would otherwise be collected in person at the land port of entry. Upon submitting the application and making payment, on the I-94 website, travelers will receive a provisional I-94 that includes biographical and travel information. To use the online submission, travelers arrive at a land port of entry, within one week, and speak to a CBP officer to finalize the I-94 issuance process, which may include biometrics. The Arrival Departure Record provides evidence of lawful admission to the United States.

The CBP automated the Form I-94 process for air and sea arrivals in May 2013, and estimates saving the U.S. government approximately $34.5 million in the first two years of its operation.

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Paperless I-94 Processing: Some Bumps Along the Road

admin — Mon, 12 Aug 2013 21:32:29 +0000

Since U.S. Customs and Border Protection (“CBP”) began its paperless I-94 processing for air and sea travelers several months ago, foreign nationals have reported some problems with the new system. Because it is a major change with many other federal and state agencies used to seeing a paper I-94 for their own purposes, it is advisable for foreign nationals to examine and print out a copy of their electronic I-94 upon admission. It is available at the CBP website. A number of foreign nationals’ have reported being unable to locate their electronic I-94, which alone is discomforting. Other foreign nationals have found that their name has been misspelled, or the incorrect class of admission or length of admission have been recorded, issues which would otherwise go undetected but for a direct examination of their electronic I-94 record. Printing out a copy is beneficial even if everything is correct for one’s own records.

Should there be an issue requiring correction, a foreign national can take the I-94 printout and other documentation to the nearest CBP Deferred Inspection office for resolution. Finally, despite CBP’s efforts to advise all state departments of motor vehicles of the paperless I-94 process, some offices still expect to see an I-94 as part of issuance of a state drivers license to a foreign national traveler.

Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration lawyer, visit http://www.rabinowitzrabinowitz.com.

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Paperless I-94 Processing Goes Into Effect

admin — Fri, 17 May 2013 20:28:49 +0000

Starting April 30, 2013, the United States Customs and Border Protection agency has begun providing foreign national travelers to the United States with a passport stamp and making available an electronic record of admission instead of providing each foreign national with a paper I-94 as evidence of lawful admission. The paperless I-94 process is for foreign national travelers arriving by air and sea. While there is no legal requirement for foreign national to print out a paper form I-94 record, there are several good reasons to do so.

First, a traveler can check admission class and validity period to see that they match the CBP passport stamp and annotation. Second, having an I-94 paper printout can assist a foreign national in obtaining a state driver’s license as well as in obtaining a U.S. Social Security number. Finally, an employment authorized foreign national can furnish an I-94 printout to an employer in completing Form I-9 Employment Eligibility Verification. Foreign nationals can go online to www.cbp.gov/i94 and print out their I-94 record.

Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.

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Travel on H-1B

admin — Tue, 07 May 2013 19:36:00 +0000

Please note that this is advisory ONLY. Anytime you travel, whether you are let in is purely up to the discretion of the CBP officer at your port of entry. H-1B visa stamping is difficult in India, especially for smaller software companies. However if you are not a US Master’s Degree holder and this is your first H-1B stamping, and you are originally from India, you have to go to India for stamping.

There is no way to predict when your regular processing H-1B will be adjudicated. Premium is a safer bet, however upgrading it to premium sometimes incurs a Request for Evidence.

You are a US Master’s student on OPT, and you want to travel. Your H-1B got accepted. Can you travel in June and come back in July?

If you look at your OPT, it says not valid for travel. So its good to have your student’s visa valid in your passport as well. Also definitely have your H-1B on premium and approved when you go. Have a letter from your employer that they are employing you currently on your OPT and intent to employ you on your H-1B, and recent pay stubs. . However there is always a possibility that CBP Officer may want the H-1B visa stamped, especially if this is closer in date to October 01. If you return after October 01, obviously you have to have the H-1B visa stamped on your passport.

You are on H-4 or L-1, applied for change of status to H-1B. Your application got accepted. Now you want to go out of the US?

If there is a pending application with the Citizenship and Immigration Service, the CBP officers will usually not allow you to enter back. Also, if the officer adjudicating your H-1B case finds out that you are not in the United States, then she will not give the change or extension of status. Thus have the H-1B approval before going abroad. However the above principles of not being let in, esp nearer to October applies. And sometimes officers are less forgiving to people who do not have US Master’s Degree.

On another note some L-1s try to file for H-1B just to get the quota, and want to maintain their L-1 status even after October 01. In that case, if the applicant enters after October 01, on his L-1 status, and the I-94 clearly proves it, then yes, L-1 status is maintained. The applicant has to file another change of status application or get the H-1B visa stamped though before he starts work on H-1B.

You are on H-1B and have applied for extension or transfer and want to go out?

The officers will not extend status if you are not physically present in the US. So if travel is urgent, then either upgrade to Premium, or be prepared to get the visa stamped before coming in. If you go out after the approval, if you already have a valid H-1B visa stamped in your passport, you can come in with that, even though you filed for a change of employer, and your new employer’s name is on the I-797 approval form.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information.

Author : Buffer, Inc
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