lasanthar

Hi,

I am in the US on H1 and I do have a valid H1B and an I-94. But my Visa
stamp was expired in September 2005. I need to travel to Canada
sometime at the begining of 2006.

I know you used to be able to use your valid I-94 stub to re-enter the
US as long as you return within 30 days and do not apply for a Visa
while you are in Canada. Is this rule still valid? If so what do I need
to do at the airport when I leave the US to keep the I-94 stub with me?
Please advise!

Las

crg

It depends what country you are from. People from Iran, Iraq, Libya, Sudan, Syria, North Korea, and Cuba or those with 212(d)(3)(A) waivers can't do what you describe. Everyone else can.

The regulation is found in:
22 CFR 41.112

lasanthar

Thanks crg14624! I am not from any of those countries. What should I
do at the airport before I depart? Can I simply tell them that I need
my I-94 to get back and they would not insist on me surrendering it?

crg

If it were me, I'd hide the I-94 in my shoe. If the airline manages to take the I-94 from you, it's game over. You'll have to go back to your home country to get a new visa. F-1 and J-1 can get a new I-94 upon reentry in most cases, but H's can't revalidate an expired visa without an I-94.

bzuccaro

Dear Las:

The rule you mentioned is still valid. A noncitizen carrying a valid I-94 and seeking readmission to the United States from a contiguous country within thirty days of departure may be readmitted with a visa that has expired. The visa will be deemed automatically extended for the purposes of your admission. You can find this rule at 22 C.F.R. § 41.112 (d), available at http://ecfr.gpoaccess.gov/cgi/t/text...11.1.2&idno=22

For readmission you should bring with you your I-94 and your H-1B approval notice, Form I-797. If you handed your I-94 in while departing the U.S., you still should be readmitted with just the I-797 and given a new I-94.

Hope this helps.

Brian D. Zuccaro, Esq.

Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com

crg

Be careful. That's only true if the I-797 in question contains an I-94 at the bottom of the page. If it doesn't, then the trip to Canada could be a one-way trip. It's the I-94 that's required, not the I-797.

lasanthar

Thank you both crg14624 and Bzuccaro for the advise!!!

lasanthar

Hi crg14624,

I checked my I-797 and it has two I-94 stubs at the bottom. One for
my personal records and one for the passport. Would either of these do
?

Las

bzuccaro

I would bring the whole form I-797 with you, without cutting out the I-94's. The Form, together with the I-94's on the bottom should be sufficient.

Brian D. Zuccaro, Esq.

Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com

lasanthar

Thank you very much Brian!

NewBie

Dear Brian,

I have the same situation.

Recently, I got my H-1B transfer approval notice for a financial
company.

The company requires me to go to Mexico on Feb 2006 to set up their
office, but i do not have H-1B visa stamp.

Could i return to US with my I-94, H-1B approval notice, and I-797 ?

While I will be in Mexico, can i go to US consulate to get visa stamp
without surrender my I-94 and I-797?
I am afraid that they will reject my visa stamp and I need to go back
home (Indonesia).It will take 1 month to get an appointment at US
embassy in my country.

Thanks,
Newbie

crg

If the trip is for less than 30 days, only to Mexico, and you don't have any 212(d)(3)(A) waivers then you can reenter an expired visa, valid passport, and valid I-94.

If you apply for the new visa while outside the US (like in Mexico), then you cannot seek to reenter the US until you get the new visa.

The regulations are found in 22 CFR 41.112:

http://a257.g.akamaitech.net/7/257/2...2cfr41.112.htm

amanda772006

crg14624 wrote:
    > > Thanks crg14624! I am not from any of those countries. What should I
    > > do at the airport before I depart? Can I simply tell them that I need
    > > my I-94 to get back and they would not insist on me surrendering it?
    > If it were me, I'd hide the I-94 in my shoe. If the airline manages
    > to take the I-94 from you, it's game over.

This prompted me to wonder what would have happend to me when I went to
Metamoros to get a new F-1 stamp and din't get it. (I did get it.) My
I-94 was removed when I crossed to Mexico. I was in school at the time
but the orifginal visa stamp had expired.

When I crossed back to US, I had a new visa stamp and was given a new
I-94. What if I didn't get a new visa stamp? Would I have been able to
enter back?

I did have a letter from Int'l Student Advisor address to the Embassy
along with an I-20. Also, I had a letter from professor for a course
I was currently taking and 2 letters from 2 professors whose courses I
was finishing up to remove 'I" from the previous semester because I had
surgery and couldn't finish it. In essence, I was doing full time but
I couldnt' use my class scedule from registration except for one class.


    >You'll have to go back to
    > your home country to get a new visa. F-1 and J-1 can get a new I-94
    > upon reentry in most cases, but H's can't revalidate an expired visa
    > without an I-94.


    >
    > --
    > Posted via http://britishexpats.com

amanda772006

crg14624 wrote:
    > > Thanks crg14624! I am not from any of those countries. What should I
    > > do at the airport before I depart? Can I simply tell them that I need
    > > my I-94 to get back and they would not insist on me surrendering it?
    > If it were me, I'd hide the I-94 in my shoe.

    > If the airline manages
    > to take the I-94 from you, it's game over. You'll have to go back to
    > your home country to get a new visa. F-1 and J-1 can get a new I-94
    > upon reentry in most cases, but H's can't revalidate an expired visa
    > without an I-94.
    >
    > --
    > Posted via http://britishexpats.com

amanda772006

crg14624 wrote:
    > > Dear Brian,
    > >
    > > I have the same situation.
    > >
    > > Recently, I got my H-1B transfer approval notice for a financial
    > > company.
    > >
    > > The company requires me to go to Mexico on Feb 2006 to set up their
    > > office, but i do not have H-1B visa stamp.
    > >
    > > Could i return to US with my I-94, H-1B approval notice, and I-797 ?
    > >
    > > While I will be in Mexico, can i go to US consulate to get visa stamp
    > > without surrender my I-94 and I-797?
    > > I am afraid that they will reject my visa stamp and I need to go back
    > > home (Indonesia).It will take 1 month to get an appointment at US
    > > embassy in my country.
    > >
    > > Thanks,
    > > Newbie
    > If the trip is for less than 30 days, only to Mexico, and you don't have
    > any 212(d)(3)(A) waivers then you can reenter an expired visa, valid
    > passport, and valid I-94.
    > If you apply for the new visa while outside the US (like in Mexico),
    > then you cannot seek to reenter the US until you get the new visa.

I guess this is the answer to what I just asked (in the middle of the
thread) what would happen if I didn't get F-1 visa stamp in Mexico and
whether I could enetered back as my I-94 was taken away when I crossed
to Mexico. But,

how come my classmate (he was one sesmeter away from graduating, I was
not) who went to Mexico after I did, for the same purpose didn't get
the visa stamp. He was able to get back into US. I don't know whether
his I-94 was collected when he crossed to the Mexico. I assumed that
it was.

He went to Mexico after I did after learning from my freind about my
trip (they are Chinese). I think he was asked why he's seeking the
visa. I remembered my classmate saying that he replied that he wanted
to go visit China. He wasn't serious about it the visit. Also, just
like I have, he had been in US for a long time, i.e he worked after his
first grad degree and this was his second degree just like me.

I realized something now: I had a new passport by then since my
embassay (government) wouldn't extend after so many years and the main
office back home issues a new one. My new passport had no visa stamp
and hence I had nothing that would show whether I had ever stepped out
of US before. I didn't have to fill a form where I had to saythe
initial date I entered US and so the officer was aware how long I have
been in US. I just realized that he just wouldn't know whether I had
visited home during those years already which I didn't just like my
classmate never visited home since he's got to US. For the property I
showed - a condo in my name given to me by my family - he asked what I
was going to dow ith it. I just shrugged as once I take citizenship of
another country, the government takes away that property. So, if I do
plan to become a USC, I would put it in a family member's name there.
Anyway,

I guess I was lucky that my old passport was gone. I think the officer
asked me why I wanted the visa stamp. I think it's a silly question
because how else I would visit even Mexico and be able to go back to
school. I am glad that I got to vsiit as I am stuck now, i.e can't
visit with the grenecard. Yup the thugs that rules the country won't
acknowldge US greencard and the only way I would be able to leave the
airport and get on the plane to US is to have a visa stamp on my
passport. But, I also need a letter from the my Embassy to be able to
keep the apssport upon entering the country which they routinely would
take it away. I think Cuba is freerer. Anyway, I wonder how my
classmate got back in w/o the visa.