Expired H4 visa, H1 status landing question

J

jan16

Registered Users (C)
Hi,

I am very new to this goup, and glad to join the discussion here!

I entered US in May 2001 on a H4 visa and have never been out of the states since then. I later changed my status to F1/OPT, and recently I received my H1 approval letter and new I-94. I never had my passport stamped a new H1 visa.

I also applied Canadian PR in Jan 2002, here is my timeline:

Jan 2002 Submit application
Jul 2003 Initial assessment passed
Oct 2003 Submit no criminal record and medical exam
Dec 2003 Immi. visa received

I plan to land Canada this coming summer, my question is: With an expired H4 visa, valid H1 status and I-94, can I return to US after landing using Automatic Revalidation?

Thanks a lot! Your response is much appreciated.
Jan
 
You will need valid and current visa and I-94 to enter US. Forget abt your old visa..It doesn't matter whether you crossed from Mexico illegally. Only it matters that you have current and valid visa and unexpired I-94

Mayank
 
Mayank,

Thank you for your reply!

Just one more question, what do you mean by "valid and current visa"? The only visa on my passport to USA is H4 visa, which was expired in 2001. Is this a "valid" visa? My H1 status is valid and the latest I-94 is not expired.

Jan.

Originally posted by mayankdave
You will need valid and current visa and I-94 to enter US. Forget abt your old visa..It doesn't matter whether you crossed from Mexico illegally. Only it matters that you have current and valid visa and unexpired I-94

Mayank
Click to expand...
 
Your H-4 is no longer a valid visa. Your new H1B is a valid STATUS. The visa portability is a confusing issue - worth it to talk to an immigration lawyer about that. A lot of people have used that to come back on a valid H1 STATUS (not VISA).
Hope this helps.
 
Jan:

Just one more question, what do you mean by "valid and current visa"? The only visa on my passport to USA is H4 visa, which was expired in 2001. Is this a "valid" visa? My H1 status is valid and the latest I-94 is not expired.

Ans: Valid and current visa: Either you should have current approval of your visa meaning your travel should be between the dates of current approval. You don't need visa stamp in your pass port.

Your latest H1 and I-94 should be enough for your travel back to US.

Mayank
 
I thought they were looking for an unexpired visa stamp in the passport beginning this year (at the border)? Can anyone correct me?

For long time, expired stamp with valid(unexpired) H1 papers was good enough. But recently I heard they have changed.
 
Hi Mayank,

Looks like you know lot of info. May be you or anyone can please guide me in the right direction.

This is my case:
Canada Green Card Process:
My Medicals done around April 15th 2003.
Later Added my wife to the application.
Now the Government of Canada sent to my attorney that a decision has been made and i have to send my passport.

Meanwhile:
US H1 -
I am in 6th Year of H1. Applied for extension after 5th year in December 8th. Still havent heard from them(Looks like a query came by a week back and they recieved reply from my company also on March 18th).

I am on the same job for 3 Years. But i have to send the passport and also visit within one year of medical to canada.

Can someone suggest what should i do??

My attorney is aking for his last payment of installment and says he is not sure if they will extend the 1 year period if i dont get my visa. He is even asking me to leave the job and come over to canada if possible.

Please HELP!!!!

Sri.
 
apply for your Xtn , if you get it land and maintain your job

If you do not , move to canada '

What issue do u have ?
 
I cannot leave the current Job in USA as it is very good in the current market.

If i go canada, i cannot enter US back as i do not have valid Visa ( applied for extension , not yet approved).

I want to keep my job for sure.

Sri
 
If you can't get extension of your H1; then you can't work in US unless your company does some other process to keep you working with them. So there is no question abt: " I want to keep my job for sure." And normally they do not reject H1 extension unless they have specific reasons to do so.

Mayank
 
Yah , i mean to say i am even inclined to let go my Canada GC. I spent 3000CAD for my lawyer, already. Now i have to spend 1000USD for Premium process (not sure if it will make it by the time i have) and plus 1000CAD as the last payment for lawyer.

I could have spend the same money for my GC in USA..

Do you know if i request for extension on period to land in canada for couple of months, will they be able to do?
Thanks
sri..
 
Thanks for your reply. One last thing, will i be having any problem if i want to deal with the case myself and not go thrrough the lawyer. This way i will taking some risk but at minimal expense. How do i exactly change the contact info to myself instead of my lawyer. I saw the location on web in immigration site. But is it that simple to change the contact. Plus my lawyer asked me to send the passport to him . Can i directly send my passport to the conuslate buffalo..

Pls reply asap.. Thank you so much.

Sri.
 
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