The following documents and information are vital to maintaining your immigration status in the US:
Form I-94: This is the card the USCIS officer stapled into your passport when you entered the US. It sets the length of time you are permitted to remain in the US. However, when your status is extended, this is indicated on a Form I 797. The current version is a Form I-797A which is gray-ish and has wavy red and gray lines through it. At the bottom is a new Form I-94 reflecting the extension. The right side is to be given to the airline when you depart the US. The left side marked on the back "Alien’s Permanent Record" will be kept to prove that you were in lawful status should you need to do so when applying for a visa. This new I-94 is not a visa and is generally not sufficient documentation for you to use to re-enter the US after foreign travel.
Form I-797: This is the gray approval notice issued by USCIS. This must be presented along with your passport and visa whenever you re enter the US after travel abroad. Failure to do so may result in your being given less time to remain in the US than the amount to which you are entitled. A new I-94 will be issued to you upon entry. Always check the expiration date on your I-94 after you enter the US. Always send Flynn & Clark a copy of your I 94 after re entering the US so that we can monitor your status. The original Form I 797 noting approval of the employer’s petition must also be presented to obtain or extend a visa. Take great care not to lose the original I-797 approval notice as applying for a replacement, if even possible, is a very slow and expensive process.
Visa: The traditional visa stamp is actually the sticker in your passport with your photograph issued by the US Consul overseas. (This paragraph does not apply if you are a Canadian citizen. Canadians are generally visa exempt.) You must have an unexpired visa of the correct type in order to re-enter the US after foreign travel. The correct type of visa is the one which matches your current legitimate purpose for being in the US. If you changed or extended status while in the US, remember that a change or extension of status is not a visa. It only changes or extends your status for as long as you remain in the US. When you leave the US, your status ends. You must generally obtain a new visa to correspond with your new status in order to re-enter the US. You may be able to obtain a visa at a US. Consulate in Canada or Mexico, rather than in your overseas destination. Please contact us well in advance of your trip for more information, as all applicants must make an appointment at the Consul and certain nationals must obtain a Canadian or Mexican visa. We attach a full attorney-certified copy of your petition should the Consul require it if you apply for a visa.
Should you contemplate traveling abroad, please bear in mind that you may need a visa or extension and therefore should consult us as soon as you learn you will need to travel. It is no longer possible to get visa renewals by mail from the Dept of State, and you need to plan well in advance to obtain a visa appointment at a US Consulate abroad. Even after the appointment at the Consulate, there is no assurance that the visa will be issued quickly. Security checks and technology alert list concerns can mean a wait of a few days or several months after the visa appointment. We normally need to have at least 14 weeks advance notice if a visa may be needed, and more if an extension is also required. Although the 1990 Immigration Act removed some of the risks involved in travel as a temporary worker, you do need a valid visa and passport, and occasionally our clients have had difficulty obtaining visas at the Consulate overseas and their return to the US has been delayed due to the post 9/11 security checks. We can attempt to minimize these delays if you contact us well in advance.
The gray Form I 797 is not a visa and you must have a visa for this new status before returning to the US. The only exception to this rule is for nationals of certain countries who are going solely to Canada or Mexico for less than 30 days, who have maintained status, and who have not applied for and been refused a visa while out of the US. This exception does not apply to natives or nationals of Iran, Syria, Sudan, Libya, North Korea, or Cuba. Please contact us for additional and up-to-date information.
Employer’s Letter: Unless you have obtained your petition within the past few months, it is wise to carry a recently dated letter from your employer indicating the date on which your employment began, your job title, and rate of compensation just to assure that you are still employed in the capacity for which your petition was approved.
Passport: Your passport must be valid for the period you intend to stay in the US plus six (6) months at the time you apply for a visa. Once you have a visa, you can be admitted or your stay can be extended so long as your passport is currently valid and you intend to renew it before it expires. You will need to file for an extension of your stay prior to the expiration of stay date noted on your I-94 or Form I 797.
If you apply to adjust status to permanent residence: Once you file a form I 485 Application to Adjust Status to Permanent Residence, you will be required to obtain permission to travel anywhere outside the US, even to Canada, unless you present an unexpired H or L visa stamp in your passport (or you are a Canadian citizen presenting a valid H or L petition approval) when you re-enter. Failure to do so will result in abandonment of your application to adjust status. Travel permission can take three to four months to process (longer outside of the Vermont Service Center). We will need special photographs and an application to be signed by you. The costs of processing these applications are not included in our normal fees because not all clients need them. This travel restriction does not take place upon simply filing a labor certification or visa petition (Form I 140), only upon filing the final Form I 485 Application to Adjust Status to Permanent Residence.
Note on Taxes: Once you are in H or L status your employer is required to deduct FICA (Social Security), Medicare, and state and federal income taxes from your wages. If you have income from sources outside the US, please call us for referral to a tax attorney, as it may be subject to US taxation as well. If your home country is a signatory to a totalization agreement with the US, and you continue to be employed by a company based in your home country, you may qualify for exemption from our FICA tax upon certification of coverage through your home country’s Social Security system. Please contact us for further information if this may apply. It can result in substantial savings.
If you will require an extension it is your and your employer’s responsibility to contact us well in advance (5-6 months) of the expiration of your stay.
