Frequently Asked Questions - I-94

I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on "Unlawful Presence".

Loss of job/laid off during Covid/coronavirus times
What to do after an H-1B (or L-1) denial
Options to Stay in the USA After Expiration of H-1B
I-94 expired -- Unlawful Presence
Status Expiring During the Pendency of an H-1B extension
Unlawful Presence for Minors

Watch the Video on this FAQ: Unlawful presence for minors

Video Transcript

For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...


Impact of Unlawful Presence
H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit

Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

Video Transcript

1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
H-1B or Other Status Denied - What is my Status?
H-1B Visa Stamping in Canada or Mexico; Importance of I-94

Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

Video Transcript

1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

Does H-4 Require a Prior USCIS Approval for Visa Stamping?
I-94 Given for a Shorter Duration at the Airport than the Petition Approval Date
Protection of Section 245(k) for Employment-Based I-485
60 Days Grace Period for H-1B
H-1B title "Programmers" and USCIS site visits
H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?
Changing employers after 6 years of H-1 are over
Carry Immigration Documents Every Day

You must carry the I-94 printout at all times. A photo ID is also important. The evidence of status COULD be in the forms of copies, I think. It is not required, but I recommend you do carry it.

For more on this issue watch this video.


I-94 Given for Duration Shorter than Entitled
Gap in Status
H-1B Laid Off Issues

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

FAQ Transcript:

If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.

Correcting dates on I-94

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Travel while H-1 extension pending – change in I-94 number

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

I-94 Admission Record

The I-94 admission record is created electronically and maintained in CBP systems. CBP will verify the I-94 electronically to re-validate an expired visa if the traveler meets the conditions of automatic revalidation. In order to demonstrate eligibility for automatic revalidation, a traveler may be required to present a copy of the website printout to the air or sea carrier prior to boarding. If entry occurred prior to automation, a paper form must be presented in order to comply with validation requirements.

Locating I-94 Online

If you tried to retrieve your I-94 from the online system and you receive a response that your I-94 is "Not Found", please read the following questions to help you check for mistakes and try to enter the information again:

1. Did you enter your first and last name the same way it appears on your passport?  Please do not use dashes or titles.

2. Did you enter the passport number that appears on the upper right hand side of your passport?

Information on Printing I-94
I-94 Corrections

U.S. Customs and Border Patrol (CBP) indicates that, if an I-94 has an error, any POE can correct. If I-94 expiration date is based on the limitation of the travel document (i.e. passport expiration date), then this is not an error that will be corrected.

Unlawful Presence

U.S. Customs and Border Patrol (CBP) indicates that the mere fact that there is no I-94 does not determine whether or not an individual overstays. Moreover, an individual who is admitted as a B, but does not receive an I-94 either on the southern or northern border is in a legally materially different status than an individual who is admitted as duration of status.

H-4 extension for spouse and child
I-94 Extension Time

It can take a few months. You can apply for premium processing even when the case is filed and pending.

Have valid L-1 Visa, but I-94 expires
L2 EAD Renewal based on I -94
Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?

That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.