Need help - very confused about getting H1 Visa stamp to return to US

T

taz7680

New Member
If anyone can help me, would appreciate very much. I currently hold H1B status and I am holding a Bangladesh passport - finished education and transitioned from F1 to H1 status while remaining in US over 5 years.

At moment, I have my expired F1 visa stamp and the new I94 doc in my passport + the H1 approval documents, employer docs, etc. I also participated in the SR (special country registration) for the first year when it was only applicable.

I am trying to go see my family who are Australian residents in Melbourne, but i am afraid that I will not be able to get an H1 visa stamp there at the US Consulate. I placed phone calls to USCIS in dc and also to the Canadian consulate in Ottawa and they both confirmed that if you are not a resident of the third country u are applying from, you must get the visa stamp from home country.

Can some please advise me what to do, as going back to my home country for visa application is not a possibility for me due to time constraints.

Thank u. :confused:
 
taz7680 said:
If anyone can help me, would appreciate very much. I currently hold H1B status and I am holding a Bangladesh passport - finished education and transitioned from F1 to H1 status while remaining in US over 5 years.

At moment, I have my expired F1 visa stamp and the new I94 doc in my passport + the H1 approval documents, employer docs, etc. I also participated in the SR (special country registration) for the first year when it was only applicable.

I am trying to go see my family who are Australian residents in Melbourne, but i am afraid that I will not be able to get an H1 visa stamp there at the US Consulate. I placed phone calls to USCIS in dc and also to the Canadian consulate in Ottawa and they both confirmed that if you are not a resident of the third country u are applying from, you must get the visa stamp from home country.
--------get the visa stamp from home country.

Can some please advise me what to do, as going back to my home country for visa application is not a possibility for me due to time constraints.
---I dont see any other option at this time for you, you can cancell your trip or get Visa stamp from your home country
Thank u. :confused:
Click to expand...
 
Thank u for quick reply Ginnu. While researching on this forum, i notice some ppl of foreign nationalities sharing their recent experience of getting visa stamped from Ottowa, Toronto, etc US consulates. Is this a different visa stamp (revalidation? because they have already an expired h1 visa in pp)? And what type of H1 status holders can send their PP to the DOS in St.Louis office for stamping?

Thnk u
 
You can get it stamped from Canada. TCN can get visa stamped from canada or Mexico. Also because u have US degree as u were on F1 your qualification will not be an issue in canada.

www.travel.state.gov and you will get the info there.
 
taz7680 said:
Thank u for quick reply Ginnu.
While researching on this forum, i notice some ppl of foreign nationalities sharing their recent experience of getting visa stamped from Ottowa, Toronto, etc US consulates.
---that is true, you can try Canada or Mexico, good chance in Canada if you have US degree
Is this a different visa stamp (revalidation? because they have already an expired h1 visa in pp)?
---that is NEW H1 Visa stamp, Revalidation is done only in US and they are going to stop on 16 july. It is the same H1 Stamp that you get from your home consulate or Canada or Mexico
And what type of H1 status holders can send their PP to the DOS in St.Louis office for stamping?
---- if you have H1, H4, O, L P and you should have VISA stamp in your passport that has expired or going to expire, you changed from F1 to H1 you cannot revalidate in US, you can try Canada
Thnk u
Click to expand...
 
Dear All,

Thank you for the advice. I have just been informed by the Dept of State-Visa Services Office in the US that I can go to Toronto embassy and return back into the US, regardless if I do or do not get the visa stamp:

Re-entry back into the US will be granted if:

- Stay in Canada <30 days
- Papers in order -> I-94 card (new one from H1 approval)
- Never Out of Status or of illegal status

Since I had gone to the first SR appt with the INS and got cleared through w/o hassle in April 2003, I am assuming that I should not have any paperwork issues.

My biggest worry is not failing to obtain the stamp but being denied re-rentry into the US w/o that stamp across Canada border. As long as i meet the above requirements, would you agree that this trip is worth it as many have already done successfully?

Thank you again.
 
As far as I know , u cancome back to US on expires Visa stamp only if u have not applied for US visa in consulate in canada. So < 30days, plus not applied for Us visa there. The moment u apply , u will have to wait for its approval. U cannot enter until that is complete. Automatic reval only applies if u have not applied for visa in canada or mexico.
 
Thank you. I also enquired with the Toronto consulate (toll number) and they informed me the same. Also, the visa processing time is now anywhere between 3 days to 60 days. I was told that same-day processing is no longer done. Is that currently true? Sorry for the bewildered questions - just want to be as sure as possible before making a possible costly decision.
 
Re-entry from Canada

Hi Taz,

Your question is exactly what I asked about a few days ago. (Check out the thread titled re-entry from Canada...)

In the meantime, I found the regulationsaying this is possible. It is 22 CFR section 41.112 (d). Can you please post your experience if you actually going to go through this.

This is the text of the regulation:

"(d) Automatic extension of validity at ports of entry. (1) Provided that the requirements set out in paragraph (d)(2) of this section are fully met, the following provisions apply to nonimmigrant aliens seeking readmission at ports of entry:
(i) The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission; and
(ii) In cases where the original nonimmigrant classification of an alien
has been changed by INS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered
to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed
classification.
(2) The provisions in paragraph (d)(1) of this section are applicable only in the case of a nonimmigrant alien who:
(i) Is in possession of a Form I-94, Arrival-Departure Record, endorsed by INS to show an unexpired period of initial admission or extension of stay, or, in the case of a qualified F or J student or exchange visitor or the accompanying spouse or child of such an alien, is in possession of a current Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility for Exchange Visitor Status, issued by the school the student has been authorized to attend by INS, or by the sponsor of the exchange program in which the alien has been authorized to participate by INS, and endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay authorized by INS;
(ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;
(iii) Has maintained and intends to resume nonimmigrant status;
(iv) Is applying for readmission within the authorized period of initial admission or extension of stay;
(v) Is in possession of a valid passport;
(vi) Does not require authorization for admission under INA 212(d)(3); and
(vii) Has not applied for a new visa while abroad.
(3) The provisions in paragraphs (d)(1) and (d)(2) of this section shall not apply to the nationals of countries identified as supporting
terrorism in the Department's annual report to Congress entitled Patterns of Global Terrorism."

From this it seems that if you apply for a Visa stamp while in Canada and denied, you will NOT be able to come back, and will probably have to go back to your country and try over there. This would apply only to those who go there for less than 30 days and do NOT apply for Visa while in Canada.

Good Luck.

Ziv711
 
Last edited by a moderator:
h1B visaholder and sp registration departure failure

I am a H1B visaholder and timely called in Special registrant. On april this yr I left atlanta with my my wife but forgot to report my departure to the special registration. When i came back the US on May I was sent back from the airport because I did not report my departure and the POE officers told me that I would have to get a new visa from the Embassy in my country. I submitted my passport and had the interview with the consular on June. The consul told me that he did not see any groung for not to issume me me the visa but he could not issue the visa right away because he would need a security clearance from the dept of state. He said they would call/email me when they get the security clearance. He also signed and gave me a letter which says "your interview for the visa was successfull; however, you need a security clearance which takes 2 wks to 2 months.....etc?" So my wife and I are waiting now. My current H1B expires on August 1 but I already got my extension approved which is for another 3 years. Can anyone please help me understand my situation at this moment. I, specifically, have the following questions:
1. please share if anyone has the same experience.
2. Am I getting the visa? My company will wait as long as it takes.
3.My security clearance should come ok (I have a spotless time in the US, never done anything wrong, never been out of status, and I got both of MBA and BBA from USA and work in an important position for a good company?) This is my first ever any kind on Immigration related mistake and it was because of a misunderstanding between my H1B attorney and myself. I have a letter from them stating the miscommunication.
4. My H1B extension was approved after the incident. Is it valid?
5. what happens after the security clearance comes? So I need to attend another visa interview? What about my wife? Her H4 visa was automatically cancelled with mine, I guess even though she did not fly back to US with me on May. She is still here with me
I WOULD REALLY APPRECIATE ALL COMMENTS AND SUGGESTION EVEN THOUGH I AM JUST WAITING NOW.
Thanks.
 
You must log in or register to reply here.
Top