visiting Canada on expired I94 - H1B Visa.

D

deepak123

Registered Users (C)
Hi,
My H1B visa for three years expired in 2002 March. I have already got
my visa extension approved. Now, I want to go to Canada on Vacation for
15 days. Do I have to get my Visa stamped before entering United States?
I am concerned in getting my Visa stamped because if it gets refused then
I will have to go to India for visa stamping.
I heard that if the trip to Canada is less than 30 days then Visa stamping
is not required.

Please advise..
 
You need to stamp the US Visa in Canada

You shall need to make appointment with US consulate in Canada and apply for the US visa there. In case if your visa gets denied then you shall need to go to your home country to get the visa stamped. Infact I am in the same boat and in case if you alread visited Canada then do let me know your experience.

Deepak Gada
 
deepak ...

what you learnt is true. There was an INS notification sometime in April about this. Take a hardcopy of this INS notification (search in lawyer sites) and as long as you have not gone to the US consulate for stamping (and got rejected) you can enter US with old expired stamp and new H1 approval. Make sure that the new I94 reflects the date (& employer) of the new H1. Also try to retain the I94 that came with the H1 approval while going out of US.
 
What if visa gets rejected

Jaxen,
     Is that the new rule is only applicable if you apply for US visa in Canada/Mexico. What if you just visit canada and come back, are you allowed to do so on your old expired visa and ur current I-94.
     If yes, then how many times can I prevail this facility.

Thanks
DeepakG
 
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