Expired H1B with 'Cancelled without Prejudice' Stamp.
Jul 2nd 2005, 1:28 am
#1
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Expired H1B with 'Cancelled without Prejudice' Stamp.
I recently received my Canadian Immigrant visa and planning on landing there using Niagra Fall, NY border. I heard people talking about going to Canada on expired H1B and valid I-94 and coming back within 30 days. My problem is that almost an year ago i sent my passport for re-validation to State Department( at that time they were use to do re-validation within US). In response i received a letter from them advising me to visit some US embassy abroad to get my H1 revalidated. They also put 'Cancelled without Prejudice' stamp on my expired H1B visa.
I am a little confused . Its expired H1B or the I-94 that allows u to come back. If its I-94 then i should be good however if its H1B and I-94 both then i have no chance and in that case i must get appointment from US embassy in Canada.
Any comments, suggestion , ideas ??
I am a little confused . Its expired H1B or the I-94 that allows u to come back. If its I-94 then i should be good however if its H1B and I-94 both then i have no chance and in that case i must get appointment from US embassy in Canada.
Any comments, suggestion , ideas ??
Jul 2nd 2005, 2:28 am
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Re: Expired H1B with 'Cancelled without Prejudice' Stamp.
Update :
I just called NY/Canada border Immigration and he said, if your H1B Visa has got expired then what are you doing in US ? I told him its the entry visa that is stamped on Passport , the I-797 is valid till 2007. He did'nt understand it , and said, you are mixing the things up , at the time of border crossing , if u have questions just stop by our office.
I just called NY/Canada border Immigration and he said, if your H1B Visa has got expired then what are you doing in US ? I told him its the entry visa that is stamped on Passport , the I-797 is valid till 2007. He did'nt understand it , and said, you are mixing the things up , at the time of border crossing , if u have questions just stop by our office.
Originally Posted by orazone
I recently received my Canadian Immigrant visa and planning on landing there using Niagra Fall, NY border. I heard people talking about going to Canada on expired H1B and valid I-94 and coming back within 30 days. My problem is that almost an year ago i sent my passport for re-validation to State Department( at that time they were use to do re-validation within US). In response i received a letter from them advising me to visit some US embassy abroad to get my H1 revalidated. They also put 'Cancelled without Prejudice' stamp on my expired H1B visa.
I am a little confused . Its expired H1B or the I-94 that allows u to come back. If its I-94 then i should be good however if its H1B and I-94 both then i have no chance and in that case i must get appointment from US embassy in Canada.
Any comments, suggestion , ideas ??
I am a little confused . Its expired H1B or the I-94 that allows u to come back. If its I-94 then i should be good however if its H1B and I-94 both then i have no chance and in that case i must get appointment from US embassy in Canada.
Any comments, suggestion , ideas ??
Jul 2nd 2005, 5:22 am
#3
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Joined: Jan 2004
Posts: 7,598
Re: Expired H1B with 'Cancelled without Prejudice' Stamp.
Originally Posted by orazone
I recently received my Canadian Immigrant visa and planning on landing there using Niagra Fall, NY border. I heard people talking about going to Canada on expired H1B and valid I-94 and coming back within 30 days. My problem is that almost an year ago i sent my passport for re-validation to State Department( at that time they were use to do re-validation within US). In response i received a letter from them advising me to visit some US embassy abroad to get my H1 revalidated. They also put 'Cancelled without Prejudice' stamp on my expired H1B visa.
I am a little confused . Its expired H1B or the I-94 that allows u to come back. If its I-94 then i should be good however if its H1B and I-94 both then i have no chance and in that case i must get appointment from US embassy in Canada.
Any comments, suggestion , ideas ??
I am a little confused . Its expired H1B or the I-94 that allows u to come back. If its I-94 then i should be good however if its H1B and I-94 both then i have no chance and in that case i must get appointment from US embassy in Canada.
Any comments, suggestion , ideas ??
The visa can only be expired, and not cancelled. You need both, and I'm 100% sure about this.
The regulation is in 22 CFR 41.112.
http://a257.g.akamaitech.net/7/257/2...2cfr41.112.htm
Jul 2nd 2005, 6:16 am
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Re: Expired H1B with 'Cancelled without Prejudice' Stamp.
At the time of leaving US , would they ask me why i have been staying in US with Cancelled visa ? In that case what will be the significance of vaild I-94 and I-797. i am talking about 2 things. 1) leaving US without any trouble 2) coming back to US. For now forget about the 2nd thing, i just want to make sure i leave US without any problem.
Originally Posted by crg14624
If they put the cancelled without prejudice stamp on your visa, then you can't come back from Canada without a new visa.
The visa can only be expired, and not cancelled. You need both, and I'm 100% sure about this.
The regulation is in 22 CFR 41.112.
http://a257.g.akamaitech.net/7/257/2...2cfr41.112.htm
The visa can only be expired, and not cancelled. You need both, and I'm 100% sure about this.
The regulation is in 22 CFR 41.112.
http://a257.g.akamaitech.net/7/257/2...2cfr41.112.htm
Jul 2nd 2005, 6:26 am
#5
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Joined: Jan 2004
Posts: 7,598
Re: Expired H1B with 'Cancelled without Prejudice' Stamp.
Originally Posted by orazone
At the time of leaving US , would they ask me why i have been staying in US with Cancelled visa ? In that case what will be the significance of vaild I-94 and I-797. i am talking about 2 things. 1) leaving US without any trouble 2) coming back to US. For now forget about the 2nd thing, i just want to make sure i leave US without any problem.
The Canadians won't care, and they are most likely aware of the US regulations of when a visa must be valid.
The visa only has to be valid at the time of entry. The I-94 and your continuous lawful status from the time of last entry is what allows you to remain in the U.S. You will have Canadian landed papers. There is no reason why you can't depart the US and enter Canada.
Jul 3rd 2005, 2:26 pm
#6
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Re: Expired H1B with 'Cancelled without Prejudice' Stamp.
Originally Posted by crg14624
"At the time of leaving US , would they ask me why i have been staying in US with Cancelled visa ?"
The Canadians won't care, and they are most likely aware of the US regulations of when a visa must be valid.
The visa only has to be valid at the time of entry. The I-94 and your continuous lawful status from the time of last entry is what allows you to remain in the U.S. You will have Canadian landed papers. There is no reason why you can't depart the US and enter Canada.
The Canadians won't care, and they are most likely aware of the US regulations of when a visa must be valid.
The visa only has to be valid at the time of entry. The I-94 and your continuous lawful status from the time of last entry is what allows you to remain in the U.S. You will have Canadian landed papers. There is no reason why you can't depart the US and enter Canada.
You will be alright. Most of these agents dont know the whole law. once you ae there they will know what is status and what is visa stamp.
Jul 3rd 2005, 4:12 pm
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Re: Expired H1B with 'Cancelled without Prejudice' Stamp.
crg14624, imagination92
Thanks very much for answering my query. I am feeling better now.
Thanks very much for answering my query. I am feeling better now.
