Returning from Canada without H1 VISA stamp

J

jayeshgk

Registered Users (C)
Its 16 Oct 2002. I have an H1 VISA stamped on my passport which expired on Oct 2001. I have a new extended approval with 797A AND an I94 on the approval. My new VISA is valid till 2004 on the approval notice.

I will visit Canada this weekend and return from Canada in two days. Will I have problems re-entering the US because I do not have a renewed VISA stamped on my passport? Please advice urgently.

Help appreciated.
JK
 
Last edited by a moderator:
No

If you can prove that you did not go for the stamping at the US consulate(a simple NO can be convincing) and per AC21 you can enter US with old expired stamp and new H1 approval. Make sure that you get the new I94You do not need a new stamp with new expiry date.
 
What is AC21?

Thanks for the prompt reply. What is AC21? Can I read about this somewhere on a link?

Thanks again
 
Please Clarify Jaxen

Hi Jaxen,
Do you mean that as per AC21 law even if my VISA (which is is stamped in my passport) has expired (say last oct) I can still enter US with new approval notice (I797) at later date (some time in Jan next year). I do not need the Stamping as my I797 is valid til 2005.

Please calirify...if that is the case then why do people send their passport to StLouis for revalidation. I know you are expert and cant be WRONG..but your anmswer will help me like anything.
Also if AC21 link is there please inform us so

Thanks again
 
I guess....

I guess that rule is applicable if you are entering US from mexico/canada. From other counteries, we need visa stamp for re-entering US.

Jaxen may give us the definitive answer.
 
Read up AC21 (available in many sites isn.org, immihelp.com) . Clause D - 105(visa portability) has a sub section that talks about admission procedures claiming visa portability. (last paragraph, last sentence)

If the visa is expired, it is always better to get the stamp. But you can only get the stamp 60 days before expiry and 1 year after expiry from St. Louis. You need to apply with a US consulate after that. So many applicants do not get the oppurtunity to get the renewal stamp.
briefly post 9/11 some POE inspectors were causing some trouble. But I hear they have started accepting the old stamp+new valid approval. Sometimes you may be asked why you have not taken the stamp yet. If the answer is not convincing you will be advised to get the stamp next time...
 
Question for JK:
(or anybody else that can answer)

Did you already have a valid Canadian visa, or, were you able to get one despite an expired visa stamp in your passport?

Thanks
SR
 
Thank you, JK.

That is reassuring. I am in the same situation. Recently, the French did not entertain my application for a tourist Visa because of the out-dated stamp in my passport. And since then, I have been dreading applying to the Canadian Embassy for a Canadian Visa.

I Will proceed with setting my papers straight and will update this thread when done.

Thanks, again.

SR
 
reporting success.

I had a smooth processing, and did not have any problems.

It also looked like one normally does not need a Canadian Visa to visit Canada. The H1 status is good enough if travel is for less than 30 days. Comments, anybody?

Thanks in advance.
 
You must log in or register to reply here.
Top