Best way to proceed? (B2, 6mth multi-entry I-94)

[essdee 0]

Hello, I'm a Canadian citizen but lived/worked in California for 12+ years on TN and H1b visas - I started the green card process with my first company but then had to stop it due to switching to a new job. Because of misinformation (and some not so great decisions on my part), I didn't end up getting any further with that.

A couple years ago, I was laid off and took the next year to travel - which included driving around the US on a B2 for a good amount of those months. I thought I was doing all the right things (always told the truth, never overstayed, etc) but I had left some stuff in storage in CA and when I tried to go back in to get it to move to a job in Australia, I was denied entry (mostly due to having stuff in my car that showed I'd been in the US a lot that year and their suspicion that I must be working illegally or was going to stay [which was def not true - I ended up saving a lot of money by working long hours all those years - didn't even get unemployment or anything during that time]).

Anyway, since then I've been in and out several times for visits, stopovers on the way to other countries (couldn't proceed with Oz job due to not having access to needed papers from storage), etc - each time I have a nice long talk with the secondary immigration - they always let me through but once I got a 10 day No EOS, AOS, COS I-94 (to pickup my stuff from storage and bring back to Canada). And this last time, after meeting a great woman on my trip - who came to visit me in Canada and then we drove back to her state - they gave me an I-94 multi-entry visa good for 6 months.

I'm not sure what to make of all this. I don't usually get I-94's unless it's a work visa thing (ie. only had two now for B2). The TN ones were multi-entry but the first I-94 obviously wasn't (so I'm not sure what a multi-entry visitor visa means). I had told them I was planning to stay for several weeks (which was my intention), but at this point I'm concerned that if I leave, I may not be able to get back soon (I worked for a bit earlier this year in Canada but had to quit due to depression - I have a leased apt there, bank accounts, etc - but no job currently).

What I'd like to do is (legally) get a job near where my gf lives. But barring that, what's the best thing to do at this point? Leave and try to come back later? Stay for longer attempting to find job? Apply for extension (but the I-94 is good for many months)? Something else? Not in the position to marry this woman just yet - and she can't travel for long periods of time due to pets, etc.

Sorry this was so long. Thank you in advance for any info.

[canadian_wife 1,791]

I'm confused, an I-94 is an entry/departure record. Not a visa. Can you claify that?

Regardless, an I-94 is not work authorized. You'll need to leave eventually and if you want to work, you'll have to find a company sponsor

Good luck

[essdee 0]

I'm confused, an I-94 is an entry/departure record. Not a visa. Can you claify that?

Regardless, an I-94 is not work authorized. You'll need to leave eventually and if you want to work, you'll have to find a company sponsor

Good luck

Well I'm confused too. In the past, either I entered on a B2 (nothing, or a passport stamp) or using a TN (for which I get an I-94 multi-entry doc, good for one year - the usual TN work visa timeframe). This time they gave me a multi-entry I-94 card - good for 6 months (the usual maximum visitor stay). They told me to turn it in when I leave if I won't be back before it expires. But otherwise keep it as I go back and forth. Can you explain the 'departure' record part?

I would certainly get another TN prior to working - but can I not do that within the country by doing a change of status, or do I have to leave and come back? Thank you!

[canadian_wife 1,791]

TN visas are issued at the POE, if you qualify you'd have to leave the US, and apply for a TN at the POE

I-94 is not a visa - likely you've entered as a Canadian, typically no visa involved. the entry/departure record is designed to record exactly that, your entrance and departure from the US. Sounds like you need to call the POE you've traveled through to clarify what exactly you've been issued.

Good luck

[essdee 0]

Ok, thanks. But I have got TN's at least renewed (which is not the correct term, I believe, since it's a completely new application) while staying within the US. Of course when I do leave and come back in, I bring the approval doc and they give me a new I-94 but I'm just saying that I know it's possible to submit the TN for processing while in the U.S. (and have it approved, and that doc # given to the company's HR dept).

Anyway, I'm curious how this departure tracking works - if I hand in my I-94 on the way out, then sure. But if I don't - does the CDN border contact the US one, or both have access to each other's records, or... ?

Edited October 23, 2010 by essdee

[canadian_wife 1,791]

It's tagged on your passport and when your pasport is swiped by any border official, it records your departure. This is not the case for any/everyone but this is how CBP explained it to be when I've had I94s. That is how it is tracked, there is a number on your I-94 that is connected to your passport so now anytime any CBP swipes your passport, your entry/departure record comes up and indicates you've either entered or departed the US

Good luck