Legal Eagle - Significance of the I-94 card

US immigration attorney Nandini P Nair explains why it is essential to get another I-94 card if the original is lost

I am currently in the US on an L-1 visa. I was looking at my passport yesterday and realised that I could not find my I-94 card. I have searched everywhere but it has disappeared. Someone told me that I have to apply for a new I-94 card. What should I do?

—Pranav Kapoor

Yes, you do need to apply for a new I-94 card.

The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorised period of stay expires. A person receives an I-94 card from a border inspector after arriving in the US at the port of entry, or from an airline or ship representative (when arriving by airplane or ship). When a person leaves the country, they give the I-94 to the airline or ship representative, or to the land-border immigration inspector. An I-94 is important because it proves that you arrived in the country legally and that you have not stayed beyond the authorised time. To apply, submit a copy of the original Form I-94. If you do not have a copy of your original Form I-94, please submit a copy of the biographic/photo page from your passport and a copy of the passport page that was stamped by a border inspector when you entered the country. If you cannot submit any evidence of your legal admission to the US, please submit a full explanation and proof of your identity.

A consultancy in the US had filed an H1-B for me in October 2002. I received a query on the application and it has finally been approved. I have now received an e-mail that someone (either the lawyer or the company), has lost my approval notice. How can I get a duplicate notice, so that I can go for my visa stamping?

—Chandresh Dutt

You personally cannot apply for the duplicate approval notice; the company or attorney must do so. One of them must file Form I-824, Application for Action on an Approved Application or Petition. It will take several weeks to get the duplicate notice, so be patient.

I am on an H1-B visa employed by a US firm. The H1-B approval notice was retained by the petitioner and I was given only the lower portion of the document, namely the I-94 and the alien’s permanent copy slip. I was told that the upper portion belongs to the firm. Is this okay? Please clarify whether the INS sends two originals (one for the petitioner and the other for the worker), or only one approval?

—Sumit Doshi

The INS does not send two copies of the approval notice, it sends the employer’s courtesy copy and the original approval notice. Most employers retain the courtesy copy, give the original notice to the employee and keep a copy. The employee should have the original notice, especially if they have to travel because port-of-entry officers may ask for the original copy.

I am US citizen and I had sponsored my brother and his family 15 years ago. They have finally got their visa call and now I must submit a new affidavit of support. I am currently semi-retired. I would like to know how much money do I need to make to file the form? My brother has a wife and two children.

—Jagannath Rao

If you are only supporting your brother and his family, under the US poverty guidelines, you need to be making at least $26,925 per year. You will have to submit proof of how you are making the money, including copies of your last three years of tax returns.