H1B transfer and travel outside US?

E

ETA-GC

Registered Users (C)
I recently started work here in TX after "transferring" my H visa to this location (same job, same company, different location, approx 9 week gap in employment). Afaik the new (transferred) H visa won't show up for 8 months or so (I don't think premium processing was used) but we got the Receipt Notice back for the LCA and this allows me to work afaik.

Questions:

Can I travel to Canada and back what I have currently, i.e. the old H visa? I still have the I-94 (good until 2006) attached to the H visa -- presumably I'd just stick this in my passport?

Can my wife & kids travel to Canada and back (without me) using their current (old) H4's?

ETA
 
if you have valid Visa stamp and your dependents have valid H4 Visa stamps and have valid I-94 you can go to Canada and be back before Visa or I-94 expires.

** it is better to keep H1 filing, H4 filing reciepts and employer letter with you and show ONLY if asked when you return to US and meet officer at POE
 
Originally posted by ginnu
if you have valid Visa stamp and your dependents have valid H4 Visa stamps and have valid I-94 you can go to Canada and be back before Visa or I-94 expires.

** it is better to keep H1 filing, H4 filing reciepts and employer letter with you and show ONLY if asked when you return to US and meet officer at POE
Click to expand...

We haven't travelled outside the US since the H1/H4 visas were renewed back in Oct. 2003 so all we have are the I-94's (good until 2006) which are still attached to the (pre-transfer) H1 and H4 forms.

So we don't have any *stamps* per-se -- are the attached I-94's all we need (even with the original H visas we never got stamped -- we simply stuck the paper I-94's into our passports and I think that for trips of less than 2 weeks or so into Canada they don't bother with new stamps)?

My main concern was whether we need to wait until we get something else back from the USCIS first but I can do as you suggest and bring the Receipt Notice for the H transfer with me (along with any other records).

Thanks ginnu.

ETA
 
---- I think you have only H1 and H4 approval notices or extension filing receipts ( Approval Notice, filing receipt is NOT VISA). You are writing VISA renewed? Did you have valid Visa stamp in your passports???
so all we have are the I-94's (good until 2006) which are still attached to the (pre-transfer) H1 and H4 forms.
---- It seems you got H1 and H4 extension approval notices with I-94 extended from USCIS and never sent your passport for Visa revalidation to DOS in USA
So we don't have any *stamps* per-se -- are the attached I-94's all we need (even with the original H visas we never got stamped -- we simply stuck the paper I-94's into our passports and I think that for trips of less than 2 weeks or so into Canada they don't bother with new stamps)?
------ That is 30-day rule called Automatic visa revalidation for visits to Canada and Mexico (to reenter US with same I-94). I don’t know your country of citizenship, for many country citizens the automatic visa revalidation does not exist now. Go to department of state site and search for “Automatic visa revalidation) and take the print out and read if you qualify to use that. If not qualified you need H1 and H4 VISA stamped in your passports to renter US from visit to Canada or Mexico
My main concern was whether we need to wait until we get something else back from the USCIS first but I can do as you suggest and bring the Receipt Notice for the H transfer with me (along with any other records).

----- You both have got H1 approval and H4 approval notices from USCIS or just filing receipts, what you expect more from USCIS? If you have just H1 H4 filing receipts then USCIS will sent you approval notices.. USCIS does not stamp Visa sticker in passports. If you don’t have Visa sticker till the validity of your H1 or H4 extension or I-94 dates you can send your passport for Visa revalidation only if your Visa stamp in not expired more than 1 year. It takes 3-4 months to get passport back with Visa stamp from DOS in US
Visit:
Visa Revalidation
http://travel.state.gov/hlop.html

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



*** Check your passports and look at VISA stamp. On what date the Visa stamp in passport expires. From your post it is difficult to make if you have valid Visa stamps in your passports
 
Hi ginnu.

Sorry, it sounds like I confused things. I'll try to clarify.

I'm a Canadian citizen. The only stamp I have in my passport is from the TN that I originally entered the US on (in 1998). Since then I renewed the TN once then switched to an H visa and renewed that once (October 2003). This was all done by mail from inside the US. I never travelled outside the US on either TN visa.

For the initial H visa I tore off the I-94 that was attached to the I-797 and stuck this in my passport per the instructions on that form. I haven't done this yet for the renewed H visa but it has an I-94 attached to it which is good until 2006 afaik.

Whenever I've crossed back into the US after being in Canada (always for less than 2 weeks or so), I've presented all of this information at the border (from my car). Everything has always been handed back as-is. I've never been given another stamp in my passport and I've never heard about *having* to obtain a stamp -- your earlier reply is the first I've heard of this. Does this apply to Canadians?

I believe that I qualify for the automatic visa validation that you mentioned, although I'd never seen the actual rules in detail before.

About 3 weeks ago I was offered a position at a different location for the same employer and my lawyer filed for a new LCA. We received the Receipt Notice for that (2 weeks ago) and I started work based on that (1 week ago). I'm assuming that there will be a new I-797 coming from the USCIS at some point (once the LCA is processed?) although I understand that this is taking up to 8 months currently. So what I have currently in my possession is

+extended H1 (I-797)
+I-94 good until 2006 (still attached to I-797)
+no stamps in my passport (apart from one for TN from pre-2000)

My family have had derivative TDs and H4s through all of this and we've also always presented these at the US border upon returning to the US. As an aside (although I don't think this affects the travelling issue) we've had pending AOS since 10/23/2003 and I have an EAD (didn't bother applying for AP since I have the H).

So my original question is whether I / my family can travel in this situation. If so, I can certainly ask about getting stamped at the border this time but I'm pretty sure we've done this in the past and have been told its not necessary (i.e. that the "paper I-94" from the I-797 is sufficient).

Thanks again ginnu -- your comments / advice is much appreciated!

ETA
 
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