Landing, I-94 and Travel - Urgent Questions

[TheLongRoad]

I received PPR last week so I expect COPR by July once I send the passports next week. However my current H1b and my spouse’s H4 expires in October. We expect extensions (H1B approved, H4 pending) to be approved by end of July. Most likely, COPR will be valid till end of August.

Summary:
US visa validity: 1st October, 2019
US visa extension expected: 30th July 2019
US visa extension approval: 1st October 2022
COPR expiry: 30th August, 2019

If we land in Canada after our extensions are approved but before current US visas expire (sometime in August), what will be the validity of our I-94s when we return to USA. Will it be the validity of current visas or will I94 be extended to 2022 based on my extended H1B I-797? Wil H4 be also extended till 2022?

I haven’t been able to find a concrete answer so far and it is really bothering me.

Thanks!

 

[harirajmohan]

I received PPR last week so I expect COPR by July once I send the passports next week. However my current H1b and my spouse’s H4 expires in October. We expect extensions (H1B approved, H4 pending) to be approved by end of July. Most likely, COPR will be valid till end of August.

Summary:
US visa validity: 1st October, 2019
US visa extension expected: 30th July 2019
US visa extension approval: 1st October 2022
COPR expiry: 30th August, 2019

If we land in Canada after our extensions are approved but before current US visas expire (sometime in August), what will be the validity of our I-94s when we return to USA. Will it be the validity of current visas or will I94 be extended to 2022 based on my extended H1B I-797? Wil H4 be also extended till 2022?

I haven’t been able to find a concrete answer so far and it is really bothering me.

Thanks!

Just show the new petition while entering US. Sometimes they wont issue new i94 hence you can continue using the I94 extended by uscis even after returning from Canada. If cbp issues new I94 then they will issue based on new I797 if you show the new I797. There wont be a problem for this scenario.
Keep the current I797 too while travelling.

Why do you think that copr will have expiry in Aug? Is it based on your medical expiry?

 

[lampbreaker]

You will be fine. Show them the petition and let them know that your I-94 has been extended.

 

[TheLongRoad]

Thank you very much for your responses. It was relieving to know that it wouldn’t be a problem.

 

[TheLongRoad]

Just show the new petition while entering US. Sometimes they wont issue new i94 hence you can continue using the I94 extended by uscis even after returning from Canada. If cbp issues new I94 then they will issue based on new I797 if you show the new I797. There wont be a problem for this scenario.
Keep the current I797 too while travelling.

Why do you think that copr will have expiry in Aug? Is it based on your medical expiry?

I haven’t received the passports back yet although the application has been approved. However, it seems that H4 extension would not be approved before COPR expires. Also, the H4 EAD application is also pending as it was applied concurrently.

So, if we travel to Canada for a weekend before CoPR expires, will that affect H4 extension and H4 EAD? It’s really turning out to be a tricky situation. What’s the best way to handle this?

 

[lampbreaker]

It will most likely not affect the extension and EAD applications. After you return from Canada, you can send the new I-94 number to USCIS.

 

[canadapr1982]

I haven’t received the passports back yet although the application has been approved. However, it seems that H4 extension would not be approved before COPR expires. Also, the H4 EAD application is also pending as it was applied concurrently.

So, if we travel to Canada for a weekend before CoPR expires, will that affect H4 extension and H4 EAD? It’s really turning out to be a tricky situation. What’s the best way to handle this?

No affect.....regarding your I-94, it will automatically extended for 3 years as you notice that your previous I-94 number and new I-94 number which is attached with your new I-797 ...both are same....So, it extended for 3 years if your petition is extended for 3 years....I went last weekend to canada but not for landing just to met my friend....my situation is also same as mine h1b is approved for 3 years i.e. Aug 2022 but my wife h4 and h4 ead both are pending as it will take time as they introduced biometrics for h4. I am waiting for ppr as mine case is non express entry.

 

[TheLongRoad]

Just show the new petition while entering US. Sometimes they wont issue new i94 hence you can continue using the I94 extended by uscis even after returning from Canada. If cbp issues new I94 then they will issue based on new I797 if you show the new I797. There wont be a problem for this scenario.
Keep the current I797 too while travelling.

Why do you think that copr will have expiry in Aug? Is it based on your medical expiry?

Yes, probably based on medical expiry. IRCC took too long, nearly 10 months after AOR to send PPR and then another month to return passports with COPR, leaving us just with August to land there.

 

[TheLongRoad]

No affect.....regarding your I-94, it will automatically extended for 3 years as you notice that your previous I-94 number and new I-94 number which is attached with your new I-797 ...both are same....So, it extended for 3 years if your petition is extended for 3 years....I went last weekend to canada but not for landing just to met my friend....my situation is also same as mine h1b is approved for 3 years i.e. Aug 2022 but my wife h4 and h4 ead both are pending as it will take time as they introduced biometrics for h4. I am waiting for ppr as mine case is non express entry.

That’s good to know. When you say you recently traveled to Canada, did your family go there as well on visitor visas?

 

[TheLongRoad]

That’s good to know. When you say you recently traveled to Canada, did your family go there as well on visitor visas?

Also, has your family received their extension approvals since then?

 

[TheLongRoad]

One follow up question after completing landing (see experience in another post) with my spouse’s H4 extension still pending:
The I-94 didn’t change after returning to the USA although the travel history was recorded. However, the travel history for my spouse doesn’t show return to the US while it does on mine. The i94 website does say that land arrivals may not be recorded and there’s no action to take but I just wanted to be sure that nothing is being overlooked. Thanks.

 

[DEEPCUR]

One follow up question after completing landing (see experience in another post) with my spouse’s H4 extension still pending:
The I-94 didn’t change after returning to the USA although the travel history was recorded. However, the travel history for my spouse doesn’t show return to the US while it does on mine. The i94 website does say that land arrivals may not be recorded and there’s no action to take but I just wanted to be sure that nothing is being overlooked. Thanks.

Although it is less likely to be an issue, I suggest you to visit the CBP deferred inspection center near you and confirm if the entry has been captured correctly in their system.