Travel to canada & re-enter USA

[zoaib]

Good Afternoon. I am a Pakistani National. I am working in USA on a H1B visa. My H1B visa on my I797 is valid until Oct 2004. My H1B on my passport had expired in June this year so I applied for extension at Washington. Today I got a reply back indicating that my H1B could not be stamped and I require a face to face interview. I have to travel to Canada for personal reasons in December. I will not be able to travel to Pakistan before then. I am told by my company lawyer that I can still travel on my current visa as long as I do not stay more than 30 days in Canada and have a valid i797 petition and a letter from the company indicating that I will be still working in the company when I return. I will be traveling for not more than a week. My wife visa H4 is valid until Oct 2004.

I would appreciate if you can confirm if in my circumstances I have enough documents to re-enter USA from Canada in a week time.

 

[GasXCL]

If you are not from Pakistan, I think it is OK.

 

[ani70]

Why you need a visa stamp??

If your Passport expired and already received a new/extended PP you don't need another H1B visa stamp on your new PP.You need to carry both of your old and new PP and need to show your current H1B visa(Which u told valid till Dec 2004).As long as your photo in old and new PP is not varying much and old PP number mentioned in your new/extended PP you should be able to return to USA in DEC 2003 showing your valid H1B visa on your old PP Anyway I would advice to talk with a lawyer(They will probably charge you $100-$150 for initial consultation) and he should be able to guide you on this