Reentring on OLD H1B valid till 2003

R

raja986

Registered Users (C)
H1B worked for 5 months came to canada stayed for 5 months can i go to USA on same H1B which i worked previously it is still valid any docs should i show at border any questions by border people thanks for your advice
 
if you are not working for the company,dont use the visa.

unless you have valid approval from some other company. but you cannot just use the H1 visa to enter the US like a visitor.
 
because..

Your old H1 is connected to your old company. If you are not working there anymore, then that becomes a useless peice of paper and cannot be used for anything.
 
using your old H1 - you can

If your old company is going to employ you again. You need to take a letter from them indicating that

1. You were on extended UNPAID Leave
2. Going to resume
3. Keep your last paystubs with you

But if you dont have any connection with your old company, this h1 is no more valid. And they might have revoked it already.
 
one more tip

You can ask your H1 company to put that you were on extended unpaid leave due to economic slowdown and going to resume your job now.
 
does immigration people will question at border and is there any rejections did you heard thanks for

 
 
answer

Immigration people "may" or "may not" question at border. I know a case where a guy was trying to enter from JFK on H1 and immigration officer found that his H1b was revoked already (he was laid off). He was denied permission to enter and deported. If you read www.murthy.com (Attorney Sheela Murthy , dig for old articles) has also mentioned a few cases like this where H1b was revoked and INS deported person with 3/10 yr bar.
 
but my wife\'s employer wants me to rehire he is giving letter also and he did not cancled my H1B i

 
 
answer

Bottom Line:

- If your H1B Petition is not revoked and its still valid
- Get letter from company supporting you to "re-join"
- Showup yourself at US Immigration to get I-94 (white card)

and work. I wont advise you to just drive in USA without taking I-94
and start working on old H1B.

(again not a legal advise).
 
Do border patrol will ask any proofs about where i am staying and any docs like driving licence etc.

 
 
US Border Patrol

US immigration officer will be focusing mainly on the validity of your h1 and points I meantioned in the last message
 
hello khi_boy thanks for your responces please answer this question

I did not get passport stamped while coming back to USA does this mean i am in CANADA and my canada PR is not expired and i can enter USA from india with out visa.Right now i am in USA going to india and
come back on canada PR to usa to work for my H1 which is valid
I got AUG-15 canada PR
Came back to USA AUG 18 NO STAMP (Before sep 11)
no other stamps in passport till now only will be if i go to india
in march and come back on canada PR on aprial
actual 183 days will over in FEB 17 but no stamp so i am in canada how will border people will decide i am in usa or canada
and one more thing after sep-11 are they stamping in PASSPORT.
 
my understanding

Below is my understanding:

1. Yes, Canadian immigration wont know as of now that for how long you are in US. But if you go outside USA and come back. You will get your passport stamped at US Immigration that reveals your international travel. If an immigration offcier sees this and it comes to interrogation from Canadian Immigration officer, you need to prove your ties to Canada. As long as you can prove your ties to Canada you can go in.

2. Other thing is, if you dont have H1 stamped in your passport you can\'t travel back to US from India showing your Canadian Immigration paper in India. This procedure works only between US--Canada direct travel, can any one shed light on it??

3. And if you travel back directly to Canada from India , I would call it a 60/40 case. 60% chance you may get through and 40% you may get stucked.
 
just to keep the discussion going on

Do they check lauguage when enter to canada from US second time
 
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