I-94 ERRORS
Until a few years ago, Customs and Border Protection (CBP) issued paper I-94s that would be stapled to passports. This way, people would notice any errors in I-94 expiration immediately. Today, when entering the United States on a Visa, you no longer have to complete a paper Form I-94. CBP has gone paperless and now draws information from electronic travel records, so visitors will not be provided a copy of their I-94; however, you may access your I-94 record online at www.cbp.gov/I-94. Often, travelers forget to review their I-94 details and any errors do not get noticed until much later. Common issues we are seeing on H-1B and L-1 include: I-94 expiration coinciding with visa expiration or I-94 expiration being tied to an earlier petition approval. These errors can be caused by a failure to provide an I-797A approval notice or through a mistake by CBP. It is imperative that the “admit until date” on your I-94 matches the end date on your latest I-797A approval notice rather than the date of Visa expiration. Failure to notice such errors can result in accruing unlawful presence, which can lead to being barred from entering the US. These errors should be caught as early as possible, as if they are caught too late, you may have to leave the US for an extended period of time. CBP is unlikely to grant extended stay even if the mistake was on their end—CBP officers used to be amenable to making changes but these days they are not cooperative. In fact, GLF has had three instances in the past few months where CBP in Atlanta has refused to make any changes to the I-94. So, to avoid any issues, GLF highly advises all travelers, but particularly H-1B and L-1 returning employees, to print your I-94 immediately after arrival in the US and verify all details. If you notice any errors contact our Office immediately. It is easier to fix these errors if they are noticed sooner rather than later and acted upon immediately.
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