Landing with H1b visa of previous company.

R

RAJ1320

Registered Users (C)
Hi all,

I have valid visa stamp(of my previous company) and my I 94 until april 2005 in my OLD EXPIRED passport. I have the INS/USCIS H1B application receipt of the current company.(i.e H1b transfer is under process)

My new passport has no visa stamp. Can I go to canada and land and come back with out any US visa stamped, using the 30 day contiguous border countries rule, if i come back within 30 days.

your help will be greatly appreciated.

Thanks
 
RAJ1320 said:
Hi all,

I have valid visa stamp(of my previous company) and my I 94 until april 2005 in my OLD EXPIRED passport. I have the INS/USCIS H1B application receipt of the current company.(i.e H1b transfer is under process)

My new passport has no visa stamp. Can I go to canada and land and come back with out any US visa stamped, using the 30 day contiguous border countries rule, if i come back within 30 days.

your help will be greatly appreciated.

Thanks
Click to expand...
I also has a somewhat similar situation like yours. I had a expired stamping of an older employer in the passport, 797 & I94 of old employer which is valid till end of 2005 and current employers H1B Transfer still in progress so I had the application recepit.

When going out I was advised by US immigration officers that i can come in as long as i have a valid I94 and I had spent less than 30 days in canada.

While coming back at US border post, just present your passport and valid I94. That was enough for getting entry into US.

Hope it helps !
 
4z4z did you get exit stamp from usa before leaving USA

Hi ,

How do US will know that you had spent less than 30 days outside usa.

would US immigration provide exit stamp or proof of exit while exiting US border.

Thanks, Your help will be appreciated
 
Since I am Indian Citizen, The below experience is valid for Indian Citizen Only.

When exiting US, Indian citizens need not take any Exit Stamp. Although I know some of my Pak friends had to take an Exit Stamp and also go through fingerprint verification while going out of US and when coming back into US.

For Indians Citizens no EXIT Stamp.

Although i would advise you to pay a visit to US immgration office at border exit and let them suggest how you can come back. They will look at your passport and will tell you that you can avail the automatic revalidation if you are within 30 days limit.

PLEASE BE CAREFUL ! DO NOT SURRENDER YOUR I94 If you plan to avail automatic revalidation and come back in 30 days.

The canadian side will put a Entry stamp with date. That means that your date of exit from US is your date of entry in Canada.

When coming back from Canada to US. Canada did not care to put any Exit Stamp and at the US Side they checked my Passport (I believe they checked the canadian entry stamp) and valid I94 and confirmed that I was within 30 days limit, they just let me in without any Entry Stamp.

4z4z.
 
Hi 4z,
I am too Indian national.
Thanks for your detailed response. Did you tell US immigration before exiting, that your passport visa stamp is for older company. It IS NOT the current company visa stamp.

And you also did not have 797 for your current company. So it doesnt matter right.

Thanks,
Raj
 
Raj,
I was also very nervous and scared to cross border with 797 of old company which no longer exist and my new 797 still not approved.

Here's what my lawyer told me to do when dealing with US immigration at border.

1. Only answer what they are asking ?
2. Keep it short
3. Do not provide any explanation or paperwork unless they ask for.

You do not have to explain them anything as long as you have a valid/expired visa, approval notice, valid I94 and spend less than 30 days They will let you in US.

when going out of US also, you don't need EXIT Stamp. But for your peace of mind, you may go to US Immigration office and let them check your Passport and let them suggest you how you can come back in.

Golden Rule: Answer only question and provide relevant paper only when they ask. Do not provide any extra information/clarification to them.



4z4z.
 
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