Meryl

ok, so my passport with my H1b visa in it was stolen, and while it's relatively simple to replace the passport and my I-94 I'm having trouble getting a straight answer from either USCIS or the US embassy in London about my visa.

....what I think they are telling me (in a very convoluted way) is that as long as I don't leave the US between now and when my visa is up in 2012 I won't need to go to the embassy to replace it, so I am still legally allowed to work in the USA....however if I leave the country I will need to replace my visa before I can come back in and work because if I don't I'll be on the VWP and have to leave after 90 days....does that sound right?

Also, what if my employer wants to extend my visa or start the GC process- will it matter that I don't have my first visa in my passport?

md95065

Yes.

The visa is needed in order to enter the US.

The I-94 is what establishes that you entered the US with a particular status.

So, you don't need to replace the visa unless you leave the US and want to reenter with H1-B status.

Since you never know when you might need to leave the US to deal with some kind of emergency back in the UK or elsewhere you would be well advised to plan on getting the visa replaced but you are not required to do that and it doesn't affect your ability to continue to live and work legally in the US - it's only if you leave and want to return that you will need to get the visa replaced.

meauxna

lol, it's hard to give a *simple* answer (md95065 did a great job, and I understand it...) but this just came to mind.

The visa is like a ticket to a concert/show.
The I-94 is like the hand stamp you get at the door.
10 minutes later, you don't have your ticket anymore (or it has been torn in half), but the hand stamp shows you were allowed in.

The difference here is that a hand stamp is NOT enough to get you back in the door if you go out for a smoke. So, while you're out there, you have to go get another ticket to re-enter the club.

alright, alright.. I'm going for another cup o' joe now.

discoviking

So is that why you have to put your hand in the scanner thingy at the POE now?

Meryl

lol, thanks for the help, it's kind of what I thought. Hopefully I'll get back to the UK next year some time and I can take care of the visa stuff then.

tht

If you enter on VWP you will have to leave after 90 days, and won't be able to work.

tht

lisa67

It might be worth looking into getting it sorted out in Canada?

E3only

Duh...!

meauxna

It doesn't hurt clarifying, especially considering the balance of the thread.
Be kind.

Michelmas

In the interest of clarifying, if you enter under the VWP. you will have to leave BEFORE the 90 days expires, not after. That would result in an overstay situation, and that's something you don't want.

Meryl

never thought about Canada, although I was lead to believe that it had to be replaced in the place it was originally issued....could be wrong though, what happenss when my employer wants to extend my visa? They are going to start the GC process very soon but in view of the fact that it could take a while, I'm thinking my H1b will have to be extended- does it matter that I am not in possession of my original visa?

discoviking

A US consulate in Canada has no obligation to issue you another visa. It has been done, but there is a risk involved. If you are not given a replacement visa in Canada, you will be be unable to return to the US, and you will be subject to whatever restrictions there are on your visit under Canadian immigration rules. If you go the Canada route, you should plan for the possibility of having to fly to the UK from Canada without transiting in the US, in case you can not get your replacement visa sorted out there.

Meryl

I'd rather not take the risk TBH, if I go back to the UK in the next year or so I'll schedule an interview in London and get it replaced.

lisa67

I understand your concerns, but just to let you know that we renewed our H visas several times in Toronto or Vancouver without any problems... The last tome being 18 months ago

tc1927

My friend had a similar problem and had to go home and reapply all over again, there doesnt seem to be much slack in the rules. I feel for you mate