Was my I-94 generated traveling from Canada?

USA
#1

Hello

I need your help!

I have a question if my new I94 was generated when I travelled to Canada via land for 2 days.

  1. I-797 approved Jul,2019 for period of 3 year (Jul 2019 to ajun 2022)

  2. Started above job in Aug 2019

  3. Travelled to Canada for 2 days by car in Oct,2019

  4. Showed my latest i797 to officer while coming back

  5. My passport had old stamp expiring on Feb,2020

  6. I didn’t pay $6 for I-94

  7. My most recent date of entry shows Oct,2019, and admit until date is from old Stamp Feb,2020

Does it mean

  1. New I 94 was generated?

  2. Which I-94 is valid - the online one with Feb.2020 expiry or new I-94 attached to I797?

Thank you for all the help.

#2

Did you check online if I-94 is updated post your Canada travel? After re-entry, your I-94 should reflect dates based on your latest I-797 approval.

You can check here:
https://i94.cbp.dhs.gov/I94/#/home

#3

Hi Pankaj

Yes I checked i94 and admit until date was still from old stamp Feb,2020.

I think date was not updated based on I 797 because one needs to pay $6 to update I 94. I didn’t pay anything at border. I am unsure how it works with travel to Canada.

#4

@Siddharth_Khot Yes, you had to undergo short interview, pay $6 and get I-94 updated.

#5

Thank @Diwedy.

So Was I out of status from Feb,2020? And if yes, should I mention it in ds-160?

#6

I would suggest you reach out to your attorney and explain your case, They should be able to guide you on this.

#7

@anil_am22 Can you please help to share any additional information on this?

Thank you!

#8

The i94 issued with your i797 should be the most recent one and should keep you in legal status as per my opinion.

When you entered the US through Canada, you essentially used the AVR process within 30 days of travel and hence no new i94 was issued. This is perfectly legal.

#9

@anil_am22 thank you for reply. I am checking with attorney as well.

Do you know if ‘most recent date of entry’ is updated in AVR process? Because in my case, it was updated.

#10

@anil_am22 Also my old stamp was still valid when I entered US. So, not sure if AVR applies here.

#11

@anil_am22 @Diwedy Hello,

I reached out to attorney. They mentioned below -

  1. Since most recent date of entry was updated, new I 94 was issued. Is this correct? Hence Feb,2020 was my latest admit until date.

  2. Also they mentioned if CBP corrects this now, I don’t need to mention in ds-160 about overstay. Is it true?

#12

It is better to rely on your attorney advice as they know more details about your case than what you have shared here.

Riding in two boats will not solve the purpose.

#13

Thank you @anil_am22 for your help. Yes I will follow attorneys advice.

Just an update for other people, my I 94 was updated at deferred inspection office with latest I-797 date.

Can you please advice if I need to mention about my overstay in ds-160?