Do I neeed fresh H1 visa stamping

H

helpmezz

Registered Users (C)
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Hi,

I am planning to go to Canada next month as my PR is approved.

Currently, I am in US on H1B and my spouse is on H4. I changed job couple of months back. I have H1B visa from old employer on my passport and I797 from my currrent employer.

1) Can I come back to US after formalities are completed at the airport ? OR I need to apply for something else in Canada ?
2) Do I need fresh H1 visa stamping, in order to come back to US
3) Can I go to any US consulate in Canada for stamping ?

Please advice.

Regards,

Mezz
 
1) Can I come back to US after formalities are completed at the airport ? OR I need to apply for something else in Canada ?

-- Yes, you can come back to US as long as your I-94 is valid and you have expired (or valid) US visa. Even if you have a valid H1 stamp from your old job and a valid I-797 from your new job, it's okay. The visa stamp in your passport is not employer dependent - your I-797 is.

2) Do I need fresh H1 visa stamping, in order to come back to US

-- You may be able to use the AVR (this topic has been beaten to death on this forum)

3) Can I go to any US consulate in Canada for stamping ?

-- Yes, only after you become a PR of Canada and if you do not want to use the AVR (or if you are not eligible for the AVR)
 
Thanks a lot, BigBoy.

Looks like I don't need fresh visa stamping, as I have valid H1 visa from old employer, valid I 94 & valid I797 from new employer.

Mezz
 
helpmezz said:
Thanks a lot, BigBoy.

Looks like I don't need fresh visa stamping, as I have valid H1 visa from old employer, valid I 94 & valid I797 from new employer.

Mezz
Click to expand...

Make sure you do not fall into the list of countries whose citizens cannot use the AVR. If you are an Indian citizen, you are okay...
 
bigboy00 said:
1) Can I come back to US after formalities are completed at the airport ? OR I need to apply for something else in Canada ?

-- Yes, you can come back to US as long as your I-94 is valid and you have expired (or valid) US visa. Even if you have a valid H1 stamp from your old job and a valid I-797 from your new job, it's okay. The visa stamp in your passport is not employer dependent - your I-797 is.

2) Do I need fresh H1 visa stamping, in order to come back to US

-- You may be able to use the AVR (this topic has been beaten to death on this forum)

3) Can I go to any US consulate in Canada for stamping ?

-- Yes, only after you become a PR of Canada and if you do not want to use the AVR (or if you are not eligible for the AVR)
Click to expand...


Hello BigBoy00,

I am from a mid east country but not on the T7 list.I am very curious about your statements, I also have a valid visa from a previous employer, my old I94 was valid until 04/2007 (the same date on my visa) , when I ported to my current employer, I also applied for an extension and got it approved to 04/2009.

I don't want to lose my current I94 (valid until 04/2009) - can I use the AVR rule EVEN WITH MY VALID VISA AND NEW EXTENDED I94??

Do you know of any lawyer I can talk to to validate this ?

My newest I94 was a 3rd 3 year extension, I had two visas from previous employers ang got the 3rd I797 with extension because I have an approved I140 from my previous employer.

Your response is greatly appreciated. I need to land in canada before applying for AP.

thanks in advance.
 
I also have a valid visa from a previous employer, my old I94 was valid until 04/2007 (the same date on my visa) , when I ported to my current employer, I also applied for an extension and got it approved to 04/2009.
I don't want to lose my current I94 (valid until 04/2009) - can I use the AVR rule EVEN WITH MY VALID VISA AND NEW EXTENDED I94??

-- Please confirm: Do you have a VALID VISA (sticker in your passport) in addition to the valid I-94 (till 04/2009)? If YES, the AVR does not apply to you, since the AVR is the process to be used (by its definition) if you have a expired visa. If you already have a valid visa, use it instead.

Do you know of any lawyer I can talk to to validate this ?

-- Many lawyers charge money to talk to you, unfortunately. You can try talking to Rajiv Khanna..

I need to land in canada before applying for AP.

-- Yes, indeed..

Disclaimer: Consult a lawyer if you are in doubt, since I am not a lawyer.
 
bigboy00 said:
I also have a valid visa from a previous employer, my old I94 was valid until 04/2007 (the same date on my visa) , when I ported to my current employer, I also applied for an extension and got it approved to 04/2009.
I don't want to lose my current I94 (valid until 04/2009) - can I use the AVR rule EVEN WITH MY VALID VISA AND NEW EXTENDED I94??

-- Please confirm: Do you have a VALID VISA (sticker in your passport) in addition to the valid I-94 (till 04/2009)? If YES, the AVR does not apply to you, since the AVR is the process to be used (by its definition) if you have a expired visa. If you already have a valid visa, use it instead.

Do you know of any lawyer I can talk to to validate this ?

-- Many lawyers charge money to talk to you, unfortunately. You can try talking to Rajiv Khanna..

I need to land in canada before applying for AP.

-- Yes, indeed..

Disclaimer: Consult a lawyer if you are in doubt, since I am not a lawyer.
Click to expand...

Yes my visa (from a previous employer-sticker in passport) is still valid, the problem with it is its validity date is only until April 2007, my current I94 from my new employer is valid until April 2009. I dont want to give the I94 up and get a new one stamped only upto the date on my visa.

Is there any law that says the authorized period of stay on an I94 should be given based on the approved I797 petition not based on the visa expiration?

Thanks in advance
 
Yes my visa (from a previous employer-sticker in passport) is still valid, the problem with it is its validity date is only until April 2007, my current I94 from my new employer is valid until April 2009.

-- It is not a problem! :)

I dont want to give the I94 up and get a new one stamped only upto the date on my visa.

-- Very unlikely to happen...The date on the I-94 has the higher precedence, therefore, you will be fine..(Take your I-94 out of your passport and keep it separate when you leave for Canada. Keep it back in your passport while coming back to the US so that the US officials can clearly see the date on it)

Is there any law that says the authorized period of stay on an I94 should be given based on the approved I797 petition not based on the visa expiration?

-- See my answer above.

Disclaimer: Consult a lawyer if you are in doubt, since I am not a lawyer.
 
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