Tough Situation

W

Wishful_Thinkin

Registered Users (C)
Hi All,

My status on the web site has been updated to decision made a week ago but I have not got the RFP( Request For Passport) yet!.

Instead of mailing the passport back to buffalo, Is it possible to get the stamp on your passport from a canadian consulate within the US ?

My I-94 expires at the end of April and I want to turn around and come back to the US before that hence the hurry.

Any suggestions????


Wishful_Thinkin
 
Is your status(H1/other) also expires in April? If that's the case then you are out of status in May anyway in US.

Try to call/fax Canadian Consulate and see what they says but I have never heard anybody going personally for PR stamp.

Mayank
 
Originally posted by Wishful_Thinkin
Hi All,

My status on the web site has been updated to decision made a week ago but I have not got the RFP( Request For Passport) yet!.

Instead of mailing the passport back to buffalo, Is it possible to get the stamp on your passport from a canadian consulate within the US ?

My I-94 expires at the end of April and I want to turn around and come back to the US before that hence the hurry.

Any suggestions????


Wishful_Thinkin
Click to expand...

Hi,

Yes you can go to Buffolo , New york to get your Canadian PR Stamped. On the letter I received for the Passport Request, it stays that:

"Passports may only be brought in or picked up on Tuesdays and Thursdays between the hours of 1:30 and 3:00 PM. Bring this letter when you come in.

Passport can be submitted at our office: 3000 HSBC Center, Buffalo, NY.

You or your representative may submit your passport in poerson. Your representative must have your written authorization and will be required to show photo identification.

Permenent resident visas will not be issued the same day the passport is brought in. Every effort will be made to have your passport ready to be picked up on the following tuesday or Thursday."

Hope this helps you.
 
Originally posted by mayankdave
Is your status(H1/other) also expires in April? If that's the case then you are out of status in May anyway in US.
Click to expand...

Thanks for your reply guys/gals
Mayank,
This is my understanding of the US visa process correct me if I am wrong.

Although my I-94 expires end of april I still hold a valid H1-B petition and hence my status is still valid. When my I-94 expires I cannot re-enter the United States without a valid visa ( the visa stamp on passport expires matches the I-94). However if I am within the US the H1-B petition should be sufficient.

Kosu,
I also checked with my local consulate (L.A). They ofcourse will not process cases from Buffalo unless the file is transferred to them. However I found out that they return back the passports the same day!

I hear that Buffalo now does not take any new cases of immigration. All new cases are handled by other consulate.

Guess I will have to wait it out.

Wishful_Thinkin
 
Hi Wishful,
If your I-94 expires and if you are still in the country after the expiry, then you are unlawfully present unless you get a new I-94 or apply for extension. It doesnt matter even if your H1 is still valid.

Guys please correct me if I am wrong.

You either have to apply for extension or you have to go out of the country and come back with a new I-94.
 
A valid I-797 has the new I-94

sooo_tired,

If you have an approved H1 paper ( I-797) that has a new I-94. That is what counts towards status in the US. So even if you have an old I-94 from a previous entry thats expired..as long as you have the approved I-797 its fine.
 
Wishful & Soo Tired:

At the bottom of new H1B1 approval, there will be new I-94 which will be valid until the validity of your new H1B1 approval. So if you have received new H1 approval, you also got new I-94 with the same # of your original I-94.

Mayank
 
Mayank,

You are right. My I-797 has an I-94 and the expiry matches that for my H1-B. I however cannot use this I-94 (the one on my I-797) for entry into the US because I do not have a valid visa stamp on my passport.

Meanwhile no sign of the RFP letter and the wait continues.

I was evaluating my options if I were to land in canada with an expires I-94 no Visa stamp in passport.

- I do have a valid H1-B petition so I was thinking about getting the visa stamp from Canada and then return to the US. Does anybody know if this works ?

- Go back to the country of orgin (India in my case) and get the visa stamp. Since I already have a H1-B stamp on my passport I will not require an interview. Hopefully will be smoother process.

Is there anything else I could do ?

- Any other ideas?
 
You are right. My I-797 has an I-94 and the expiry matches that for my H1-B. I however cannot use this I-94 (the one on my I-797) for entry into the US because I do not have a valid visa stamp on my passport.
--------- You need valid H1 Visa stamp to return back to US. Do you know about” Automatic Visa revalidation” check the DOS website and search for it I hope it still exit or ask your US lawyer
Meanwhile no sign of the RFP letter and the wait continues.

I was evaluating my options if I were to land in Canada with an expires I-94 no Visa stamp in passport.

- I do have a valid H1-B petition so I was thinking about getting the visa stamp from Canada and then return to the US. Does anybody know if this works ?
------ You can do this apply H1B Visa stamp based on new H1 approval notice. Remember if the Visa stamp is rejected Canada then you cannot enter US from Canada and have to go directly to India from Canada to get Visa stamp and many consulates (Chennai and Bombay are creating problems for Visa stamp).
- Go back to the country of origin (India in my case) and get the visa stamp. Since I already have a H1-B stamp on my passport I will not require an interview. Hopefully will be smoother process.
------ You can do that but I hope you have good chance in Canada because at that time when you apply US Visa in Canada you will be Canadian resident
Is there anything else I could do ?

- Any other ideas?
--------- once you get passport back from Canada consulate with PR visa stamp then check Your date of VisaExpiry on passport PR Visa stamp your landing date will be 1 year from the date you did your medicals, you need to land anytime before PR Visa expiry date and it is not must that once you get PR Visa stamped then land immediately. If you have time for landing or Canada Visa expiry date is about 5-6 months then the best option for you is to send your passport IN US to DOS for Visa revalidation and you will get your passport back from Washington DC in 90-100 days with US visa stamp and once you get US Visa stamp then land in Canada and come back to US with valid US visa in passport and you have the valid I-94 with you.
 
I just had approval with new I-94 when I entered back from Canada to US. I didn't go for H1 visa stamp to consulate in Canada. I don't know how they let me enter US without H1 stamp in passport.

Mayank
 
They allowed you with “ Automatic Visa revalidation” (under Visit to Canada or Mexico less than 30 days visit) rule that still exist for certain country citizens
 
Ginnu

Thanks for the information. That is really awesome information for somebody in my situation. I will check with my lawyers regarding "Automatic Visa Revalidation".

The wait does continue. Folks on the buffalo trackers have theorized that a 2 week plus wait means an interview / documents. I will not be surprised since I have not submitted a reference letter from my employer ( he does not know ;) ). I am going to get the CAIPS file and make sure that is the reason.

But as long as I can get back into the US I am fine with it
 
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