Posted on: 08-03-09 19:20:23
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?
I have read in some other posts that we need to return I-94 only when you return back to Canada for good . For all the posts were related to cases where people were travelling between US <>Canada OR US<>India.
Would appreciate any guidance on the above scenario. This is a very informative forum. Thanks in advance for your help.
Canuck123
Once you travel to India, your I-94 becomes invalid. You will require a new I-94 to enter US.
Are you sure Viggy? Any link?
Canuck123 > Since you are on H1 and your I-94 is valid until 2010, you can keep it and use it for future visit. There are many members who knows more about US visa/I-94 like Cdndude, Pratick, Dimple, etc. and they probably will give you more info.
Quote:
Originally posted by viggy
Once you travel to India, your I-94 becomes invalid. You will require a new I-94 to enter US.
Quote:
Originally posted by 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?
I have read in some other posts that we need to return I-94 only when you return back to Canada for good . For all the posts were related to cases where people were travelling between US <>Canada OR US<>India.
Would appreciate any guidance on the above scenario. This is a very informative forum. Thanks in advance for your help.
Canuck123
It's really your choice. If you want to wait for an hour or so to get a new I-94 at the Canadian border, you can return it. If not, just keep it and if asked, let the officer know that you have traveled to India for a short duration.
If I were you (and I've done this in the past), I would keep the same I-94 as it is a short trip. I am on a TN right now and I did not return the I-94 when I traveled to India from the US as that is the only proof of a TN status I have to return back to work.
Quote:
Originally posted by Ash20
Are you sure Viggy? Any link?
Canuck123 > Since you are on H1 and your I-94 is valid until 2010, you can keep it and use it for future visit. There are many members who knows more about US visa/I-94 like Cdndude, Pratick, Dimple, etc. and they probably will give you more info.
Quote:
Originally posted by viggy
Once you travel to India, your I-94 becomes invalid. You will require a new I-94 to enter US.
Google Contiguous territory rule. Here is a specific FAQ -> http://www.internationaloffice.duke.edu/TravelContiguousTerritory.html#q6
If you want to check original INS regulation, check INS regulation 22 CFR 41.112. Para 2(ii) reads as
ii. Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;
.. note the word 'solely'
Ash20: Btw, I am interested in knowing how you are categorizing/evaluating members on who knows more about US visa.
Quote:
Originally posted by viggy
Quote:
Originally posted by Ash20
Are you sure Viggy? Any link?
Canuck123 > Since you are on H1 and your I-94 is valid until 2010, you can keep it and use it for future visit. There are many members who knows more about US visa/I-94 like Cdndude, Pratick, Dimple, etc. and they probably will give you more info.
Quote:
Originally posted by viggy
Once you travel to India, your I-94 becomes invalid. You will require a new I-94 to enter US.
Even if you do keep your I-94 (if you do not surrender) and visit India, they will ask you to fill out a new I-94 and will take away the old one while entering the US. This is from my first hand experience. My old I-94 was stamped as "Multiple Entry" but then I found out that the multiple entry was meaningful only within the N american continent.
In your case, since you would be leaving the continent, it is advisable to fill out the new I-94. The number of days does not matter (By mentioning 30 days, I think you are confusing your situation with AVR - which does not apply to you, since you are cdn citizen i.e. visa exempt).
Viggy > Thanks for the info & link.
No, I am not evaluating or categorizing any member. Mentioned few names as read many posts from these members helping many members regarding US visa. You can search their name and US visa, you will get the point.
Quote:
Originally posted by viggy
Quote:
Originally posted by Ash20
Are you sure Viggy? Any link?
Canuck123 > Since you are on H1 and your I-94 is valid until 2010, you can keep it and use it for future visit. There are many members who knows more about US visa/I-94 like Cdndude, Pratick, Dimple, etc. and they probably will give you more info.
Quote:
Originally posted by viggy
Once you travel to India, your I-94 becomes invalid. You will require a new I-94 to enter US.
Google Contiguous territory rule. Here is a specific FAQ -> http://www.internationaloffice.duke.edu/TravelContiguousTerritory.html#q6
If you want to check original INS regulation, check INS regulation 22 CFR 41.112. Para 2(ii) reads as
ii. Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;
.. note the word 'solely'
Ash20: Btw, I am interested in knowing how you are categorizing/evaluating members on who knows more about US visa.
