H1, I-94, EAD and new Canadian passport

J

JZ_GCC

Registered Users (C)
Would appreciate your help!

I am a Canadian and just received a H1-transfer approval (good until Apr'07 - switched a job last year) and I also just received the EAD (until Apr'05) as a part of my EB1 (Extraordinary Ability Category) process. I also just got a new Canadian passport. I still have my old (now-invalid) passport and associated white colored I-94 (good until Jul'04).

Do I need to get a new white I-94 with my new passport stamped, which will be multi-entry, by taking a crossing through the US-Canadian border? Should I volunteer the fact that I have an approved EAD and pending I-140, I-485 and I-131 for EB1 whilst talking with the US custom officials?

I am confused about the H1 revalidation/stamp discussions, which seem to be a big issue to a lot of people, in this forum. None was needed when I got my first H1B. Basically my H1B approval already had a grey colored I-94, I simply presented the H1B approval to the US customs officer at the Ottawa Airport and got an H1B based I-94 (white color) and a multi-entry stamp on my passport. My I-94 (white) prior to that was based on TN, and I was getting a new one every year for 3 years before I switched to H1.

My H1B transfer lawyer told me I needed to go to a US consulate in Canada to get some kind of a stamp in order to get things straight. However this is against my previous experience.
I thought I would ask here.

TIA!
 
Congratulations on Your H1 transfer approval. Keep ur old (white) I-94 along with the new one in ur new passport. Did you ever get a H1 stamp in your old passport by visiting a US embassy in Canada. If yes that has an expiry date. To enter USA you need an unexpired stamp. So you might need to get a new stamp either in Canada the next time you travel there or by sending out the passport with required documents to state department(called revalidation). The details can be found on this link

http://travel.state.gov/hlop.html

This site if you browse around will help answer ur other questions too. So if you are not planning to travel soon you dont have to go just to get the I-94 stamped. Ur grey I-94 is enough for valid status. But do keep both passports together.

---------------------------------------------------------


Would appreciate your help!

I am a Canadian and just received a H1-transfer approval (good until Apr'07 - switched a job last year) and I also just received the EAD (until Apr'05) as a part of my EB1 (Extraordinary Ability Category) process. I also just got a new Canadian passport. I still have my old (now-invalid) passport and associated white colored I-94 (good until Jul'04).

Do I need to get a new white I-94 with my new passport stamped, which will be multi-entry, by taking a crossing through the US-Canadian border? Should I volunteer the fact that I have an approved EAD and pending I-140, I-485 and I-131 for EB1 whilst talking with the US custom officials?

I am confused about the H1 revalidation/stamp discussions, which seem to be a big issue to a lot of people, in this forum. None was needed when I got my first H1B. Basically my H1B approval already had a grey colored I-94, I simply presented the H1B approval to the US customs officer at the Ottawa Airport and got an H1B based I-94 (white color) and a multi-entry stamp on my passport. My I-94 (white) prior to that was based on TN, and I was getting a new one every year for 3 years before I switched to H1.

My H1B transfer lawyer told me I needed to go to a US consulate in Canada to get some kind of a stamp in order to get things straight. However this is against my previous experience.
I thought I would ask here

---------------------------------------------------
Remember I am not an attorney so ................
 
Thanks Waitin_toolong for your reply!

No, I didn't visit any US embassy/consulate in Canada when I first converted from TN to H1. I was traveling to Ottawa every 2 weeks on business at that time so I simply brought my H1 approval letter with me and got a H1B based multi-entry I-94 on my passport at the immigraiton counter. No hassle at all.

That's why I have been confused about all these discussions about H1 revalidation/stamp here at the ImmigraitonPortal.

Your comments support my understanding that my status here in the US is in good standing. However it is still not very clear if there is a problem with foreign travel. I would like to make sure I do not get stuck at the US Immigration for a couple of days next time I come back from somewhere.

I would have thought being a Canadian things should be straight forward but apparently when it comes to H1 and Green Card etc., things start to get complicated.

Regards,




------Waitin_toolong wrote:--------------------
Congratulations on Your H1 transfer approval. Keep ur old (white) I-94 along with the new one in ur new passport. Did you ever get a H1 stamp in your old passport by visiting a US embassy in Canada. If yes that has an expiry date. To enter USA you need an unexpired stamp. So you might need to get a new stamp either in Canada the next time you travel there or by sending out the passport with required documents to state department(called revalidation). The details can be found on this link

http://travel.state.gov/hlop.html

This site if you browse around will help answer ur other questions too. So if you are not planning to travel soon you dont have to go just to get the I-94 stamped. Ur grey I-94 is enough for valid status. But do keep both passports together.

---------------------------------------------------------


Would appreciate your help!

I am a Canadian and just received a H1-transfer approval (good until Apr'07 - switched a job last year) and I also just received the EAD (until Apr'05) as a part of my EB1 (Extraordinary Ability Category) process. I also just got a new Canadian passport. I still have my old (now-invalid) passport and associated white colored I-94 (good until Jul'04).

Do I need to get a new white I-94 with my new passport stamped, which will be multi-entry, by taking a crossing through the US-Canadian border? Should I volunteer the fact that I have an approved EAD and pending I-140, I-485 and I-131 for EB1 whilst talking with the US custom officials?

I am confused about the H1 revalidation/stamp discussions, which seem to be a big issue to a lot of people, in this forum. None was needed when I got my first H1B. Basically my H1B approval already had a grey colored I-94, I simply presented the H1B approval to the US customs officer at the Ottawa Airport and got an H1B based I-94 (white color) and a multi-entry stamp on my passport. My I-94 (white) prior to that was based on TN, and I was getting a new one every year for 3 years before I switched to H1.

My H1B transfer lawyer told me I needed to go to a US consulate in Canada to get some kind of a stamp in order to get things straight. However this is against my previous experience.
I thought I would ask here

---------------------------------------------------
Remember I am not an attorney so ................
 
BUt I think in Your post you mention that you did get a visa stamp at the border post. There must be an expiry date on it, which, based on your I-94 expiry, I assume to be Jun'04. As I mentioned earlier that you need an unexpired stamp on the passport each time you enter United States. But while in US the date on I-94 matters (in your case Apr'07) Assuming that you will be travelling outside the country before this date and after Jun'04 you will need to either visit a consulate abroad or get ur visa revalidated inside US. But revalidation inside US requires that your visa should be within 60 days of expiry and one year after expiry.

As mentioned in the link I sent you earlier it is easy enough to send your passport out to St. Louis. It takes about 2-3 months to get it back. The only advantage is that you do not have to make an appointment at the consulate and spend a whole day sometimes more of ur vacation. The disadvantage is tying up your passport for that amount of time.

hope it helps.






Originally posted by JZ_GCC
Thanks Waitin_toolong for your reply!

No, I didn't visit any US embassy/consulate in Canada when I first converted from TN to H1. I was traveling to Ottawa every 2 weeks on business at that time so I simply brought my H1 approval letter with me and got a H1B based multi-entry I-94 on my passport at the immigraiton counter. No hassle at all.

That's why I have been confused about all these discussions about H1 revalidation/stamp here at the ImmigraitonPortal.

Your comments support my understanding that my status here in the US is in good standing. However it is still not very clear if there is a problem with foreign travel. I would like to make sure I do not get stuck at the US Immigration for a couple of days next time I come back from somewhere.

I would have thought being a Canadian things should be straight forward but apparently when it comes to H1 and Green Card etc., things start to get complicated.

Regards,




------Waitin_toolong wrote:--------------------
Congratulations on Your H1 transfer approval. Keep ur old (white) I-94 along with the new one in ur new passport. Did you ever get a H1 stamp in your old passport by visiting a US embassy in Canada. If yes that has an expiry date. To enter USA you need an unexpired stamp. So you might need to get a new stamp either in Canada the next time you travel there or by sending out the passport with required documents to state department(called revalidation). The details can be found on this link

http://travel.state.gov/hlop.html

This site if you browse around will help answer ur other questions too. So if you are not planning to travel soon you dont have to go just to get the I-94 stamped. Ur grey I-94 is enough for valid status. But do keep both passports together.
Click to expand...

Remember I am not an attorney so ................
 
Thank you Waitin_toolong for you reply. I will check my passport again and see if there is a stamp that indicates the validity of the H1 Visa. Cheers and have a nice day!
 
JZ_GCC, have you sorted out your situation? I have the same situation as you - Canadian citizen currnetly with H1B (2nd 3 years)status, I485 pending, just applied a new Canadian passport, scheduled to travel oversea in coming month. As far as I understand, For I485 pending applicant to re-enter US, s/he can either use AP or valid H1B+I485 original receipt. For me, since I am still waiting for my AP approval, I plan to use my H1B + I485 receipt. For canadian citizen, you are not required to have VISA stamp (sticker) in your passport. My old passport has the H1B visa stamp from my first H1B, which is already expired. My new passport obviously has nothing in it. I assume that when you present your H1B approval package (the new I-94) + I485 receipt to INS next time you enter the US, INS will stamp a visa stamp based on your current H1B, which should have an expiry date. I think you got confused with the Visa validation for other nationals. For canadian, I am pretty sure visa validation is not required. Let me know if you find something else.
 
Gc4201

gc4201.

I wish I could be more helpful but my situations have not changed much since I last posted.

Now I hope I will get to talk with my wife's company immigration attorney about how to proceed with her immigration and get my problems clarified once and for all.

I will post a follow up once I get an update.

Good luck,

JZ_GCC
 
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