I got my h1b stamping done at a Mexico consulate and came back into US via land border . immigration did not issue i94 (paper or online) for the new visa saying that that i94 present on my i797 approval notice is good enough. Its says “record not found”, when i search the online i94 site
So i am in US now with a valid visa without entry or exit record in online i94 site. Is this going to be problem legally or down the line ? i understand that the next time i go out of US and come back via airport, the record will get created.
All i know is USCIS issued i797 notice i94 record will not be present in the online i94 issued by CBP/immigration. please let me know the pros and cons of my situation . Thank you
@anil_am22 @Kalpesh_Dalwadi @Diwedy can you please help with the query
Typically a traveller will apply for and pay for their I-94 online up to 7 days prior to arriving at a land port of entry. Did you do that?
Were you inspected and interviewed when you entered via land border?
yes, i have paid 6 dollars online and provided the receipt and i was interviewed at the border. The officer said i can enter and they will not issue i94 based on visa because i already have it on my i797.
Some people are saying i need to go back and get the i94 issued based on visa. Some people are saying i don’t need it and i94 will be issued next time i exit and enter US via airport.
Did you check with your immigration lawyer on their suggestion?
My understanding is that even if you have EOS/COS approved with I-94, CBP still issues the I-94 as a record of last entry to the US and will reflect in the I-94 travel history online.
I am not sure if CBP at land border have a new process of not to issue I-94 if the person holds a current valid I-94 unless the passport validity is shorter than the I-94.
Based on what you mentioned, because you even don’t have the exit record, your exit wasn’t recorded and so may be CBP officer decided not to issue I-94 at entry. This is as if you never left the US and so there shouldn’t be any issue in future. I suggest consulting your lawyer and follow their advice.