will I be allowed back if H1 is rejected

kcs503b

Registered Users (C)
Hi Jaxen,

Will they allow back into US at the POE if the H1 is rejected?. I know you must have replied to this a lot of times.
this will help me to plan accordingly.

thanks
 
more details please ?

about:
1) Current status ?
2) current visa valid ?
3) POE on canadian/mexican border or otherwise ?
4) why think of rejection ? any illegal stays ?
 
hi tt and mills

poe from canada (vancouver)
changing from f1 to h1.
was waiting for few months to recieve my h1, eventhough I had applied it during the f1 grace period.
 
Be careful..

It is no longer like the pre 9/11 days when you could come back with just the i-94 and no visa...now a days you can come back on the i-94 if you had NOT applied for the visa. If you applied for the visa..you have got to get approved..otherwise you cannot re-enter the USA.
 
got my H1 stamped in Vancouver

Hi guys,

I got my H1 stamped in Vancouver.
I had not recieved my Appointment Letter. I called the 900 number atleast 6 times (total cost $70). Finally one gentleman told me that, they will fax the letter if I had'nt recieved it till 2 days before my appointment. But in case of Vancouver, they won't fax. But it is ok if I have the online appointment reference number. So this reference number was enough, and nobody insisted, both at the border as well as the consulate.
From the Seattle airport I took a bus to Vancouver - www.quickcoach.com
At the border they asked me few questions, checked my I-797, canadian visa, how long I am going to stay.
I had an appointment at 8.30
They ask you pay the 100$ cash first.
Then you have to go to the visa officer. She asked me about my OPT (I am changing from F1 to H1). When I graduated, how long I have been working for this current employer. I had a gap between my OPT time and the time I applied for my H1. She asked me about the gap and I told her it is was the Grace period. Actually after the Practical training is over there is a grace period of 30 or 60 days ( I am not sure). The the thing is she did'nt go through the documents much, since I had all the documents, I was able to provide whatever she asked, looks like she was impressed.
She gave my passport along with my I-797 and asked to pay the reciprocity fee at the top floor.
There since the cashier did'nt have change he asked me to pay by credit card.
I got my passport at 3.00 pm.
There is a public car parking lot opposite the consulate, they charge CAN$2.50 for 1/2 an hour.
While coming back at the border they checked the visa and took the old I-94 and asked me staple the new I-94.
Thanks for the guidance guys. And a special thanks to Jaxen
 
vancouver followup

Hi there

Looks like you had no problems in Vancouver.

Would you advise on going to Vancouver for a first time H-1 stamping versus going to India? I am also changing from F-1 to H-1 and my OPT is valid for another month.

If i applied for the visa in Vancouver and got rejected, would i be allowed to re enter US on my valid F-1 visa?

Thanks for any feedback you can provide,

Shefali
 
Hi Shefali,

If you have one month OPT, and valid papers, I do not find any issues for getting stamped in Vancouver. I also did first time H1 stamping. I checked this portal and discussed with others, took the needed documents and it went fine.
 
Hi Shefali,

I also had doubt about re-entering US if rejected. Many suggested that they would not allow. I travelled by land. At the immigration while coming back they checked the passport, and the officer also said, "oh ok you have got your H1 stamped". I do think they check this. But few people said since it is within 30 days they would allow. This is kind of a grey area. Better go prepared.
I am not sure about going to India and getting stamped. When I checked, stamping in Vancouver seemed to be quick than in India
 
vancouver followup

thanks!

I will try Vancouver.... how long did it take for you to get your appointment (using nvars.com), and is there a 'list of dcouments' you refered to prepare yourself for the appointment?

If its not a problem, can i bother you if i have more follow up questions!?

Thanks
Shefali
 
No back entry on I-94 if visa is refused

I strongly believe that if your H-1 application is refused you won't be allowed to come back on I-94 even within 30 days.

Even more, if you're a national of "certain countries", you can't use automatic visa revalidation at all.

See
http://www.nafsa.org/content/Profes...igrationAdvisingResources/autorevalid2002.htm for more details. (Perhaps there are some newer regulations since that?... I don't know. These regulations took effect on April 1 2002).

By the way, does anybody know whether Canadian consulate will issue Canadian visitor visa to the person who is planning to come back to US from a trip to Canada using automatic visa revalidation, who has only expired F-1 US visa in passport and who is now in H-1 status after change of status?

Thanks in advance.

/dzxing
 
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