michael_jj

Ian-mstm,
PR is kinda part of the US, BUT it happens that they ask for valid H1 visa at an airport if you are not a sitizen.

Folinskyinla

Hi:

"Kinda" ???? Please read the thread.

If you want to research the actual Immigration & Nationality Act [which you can find at www.uscis.gov and drill down] --

Section 101(a)(36) defines "state" as including District of Columbia, Puerto Rico, Guam and the Virgin Islands of the United States.

Section 101(a)(38) defines the "United States" in a geographical sense means the Continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States. [This section was enacted in 1952 when Alaska & Hawaii had yet to be admitted to Statehood].

Puerto Rico is not "kinda" part of the United States, it is part of the United States.

As you note, although it is a domestic flight, DHS does do an examination although it is not a formal application for admission to the US.

So, the question is -- are you maintaining valid H-1b status or not? Your postings are quite notable in evading that simple question.

newXgate

He says he has a 'valid I-94'. If by 'valid' he means that the date on the I-94 is not expired, he is in status, no ? (assuming there are no other issues with the H-1) The I-94 also should be enough for any CPB/TSA officer if they know their stuff - inside the USA the visa is not the issue, it is the validity of the I-94 that matters.

I can see a problem if he 'renewed' his H1-B with USCIS - when the petition is approved they send back a new I-94, which rather unhelpfully has no date written on it. This is supposed to be attached to the old I-94. The absence of a date might cause some difficulty with CBP/TSA, but taking the I-797 approval notice along with him should be enough to convince them.

Folinskyinla

Hi:

No need to repeat the obvious. He says he has the documents which indicate lawful status in the US. We know that. Yet he remains concerned about an encounter with DHS -- just having documents indicating lawful status does not necessarily mean he is in status. That is a common fallacy.

michael_jj

I am sure that my H1 status is Ok within the US. But I still have concerns regarding travelling to PR becuse I didn't find any official comments/documents on my situation

meauxna

OK then. Puerto Rico is 'within' the US.

Now do you see how this thought is contradicted by the facts?

AdobePinon

What are you looking for? Do you, or do you not, have documentation supporting the idea that your H-1 status is valid?

michael_jj

I am looking for an official document that proves that I can travel to PR and back with expired stamp in passport but valid i94 and I797 (since these are the only documents that I have)

Noorah101

I don't think you will find any such official document. If you were traveling from your state to another state (let's say from California to New York), would you be looking for such a document?

Rene

newXgate

Ok, one more time..

Puerto Rico is a part of the United States. When you travel there it is, for immigration purposes, the same as travelling to Dallas,TX or Columbus, OH.For anyone on a non-immigrant visa who is inside the USA, it is the I-94 card which proves your status. If you have a valid I-94 card, that is your 'official document' which proves you are legal. End of story. (By 'valid' I mean that the date written on the I-94 card has not passed by the time of your return from PR). The expired visa is a non-issue here.

Why do you think that the I-94 card is not enough ?

To put it another way, if you have (genuine) problems going to and from Puerto Rico you have immigration problems, period, and should be looking to either leave the US asap or get them sorted.

nc-gremlin

Then don't use it. Use your drivers licence or state ID.

Folinskyinla

[QUOTE=newXgate;6985711 If you have a valid I-94 card, that is your 'official document' which proves you are legal. End of story. (By 'valid' I mean that the date written on the I-94 card has not passed by the time of your return from PR). The expired visa is a non-issue here.

[/QUOTE]

Hi:

Pretty much accurate. I would modify a tad to say "prima facie" valid -- which is a formal way of say they are "facially" valid documents. If OP has fallen out of status, prima facie valid documents do not make him legal.

Even though he may have prima facie valid documents, if OP is out of status, he would be advised to avoid airports on domestic flights, or even to pick up someone in the terminal.

OP is worried about something and I can't figure it out.

newXgate

He may just be worried that the presence of an expired visa in his passport will get him in trouble. On the other hand you may be right and there is something we don't know about the OP's situation. However, I thought it was worth belaboring the point about a valid I-94 being the basis of valid status. Many people are quite confused about the relationship between a visa stamp, I-94 and the notice of action I797, and in particular which one of them determines your status. For information purposes I think it is useful to emphasise that it is usually the date on the I-94 that matters. As an example, a co-worker of mine was once admitted at POE with a date on their I-94 that was substantially earlier than the expiry date printed on their visa stamp, but thought that the visa stamp date was the one that mattered. If they had stayed beyond the I-94 date they would technically have been out of status.

Your point about the prima facie validity of documents not making him legal is well taken.

meauxna

michael--directly: Are you currently in-status and working as required at your H-1B job? The one named on your documents.

michael_jj

meauxna,
I am currently in status and working at my H1 job. I am paying taxes and have all the documents valid except visa stamp. This is my first H1 and I have been working here for 2 years. Visa stamp in passport was only for 2 years and it expired a months ago. I94 is valid one more year.