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H1-B Expired Stamp - Revalidation troubles

H1-B Expired Stamp - Revalidation troubles

Old Oct 25th 2005, 4:23 am
  #1  
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Question H1-B Expired Stamp - Revalidation troubles

I know this is a popular question but it's such a problem, there are so many differnt opinions!

I have an expired h1b stamp in my passport, I am in the US under a valid I-797. I am thinking of changing jobs but would rather get revalidated now, so that I don't have to wait 4 months before I can even think about the revalidation. Of course it's still going to take 4 weeks to go back to the uk and have the thing stamped - what employer likes that - it's so stupid. Is there no way round this?

Has anyone ever travelled outside of the neighboring countries of the US with an expired stamp and a valid I797 and got back in? If so did you have to take paychecks etc?

Has anyone figured out how to revalidate elsewhere? Canada or Mexico or somewhere? if so how?

Very hoping that I won't have to deal with visa's for the rest of my life,
Neil.
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Old Oct 25th 2005, 7:37 am
  #2  
Kevin Keane
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Default Re: H1-B Expired Stamp - Revalidation troubles

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capenj wrote:

    >
    > I know this is a popular question but it's such a problem, there are so
    > many differnt opinions!
    >
    > I have an expired h1b stamp in my passport, I am in the US under a valid
    > I-797. I am thinking of changing jobs but would rather get revalidated
    > now, so that I don't have to wait 4 months before I can even think about
    > the revalidation. Of course it's still going to take 4 weeks to go back
    > to the uk and have the thing stamped - what employer likes that - it's
    > so stupid. Is there no way round this?
    >
    > Has anyone ever travelled outside of the neighboring countries of the US
    > with an expired stamp and a valid I797 and got back in? If so did you
    > have to take paychecks etc?

I'm sure people have on occasion slipped through without getting caught, but
this is blatantly illegal, and the penalty would be pretty severe. Falsely
and knowingly claiming that you are eligible for automatic revalidation
(that's what the 30-day rule about trips to Canada/Mexico is formally
called) is immigration fraud and will get you banned for life. Further, if
this *ever* came out, you could be deported for it - and it almost
certainly would.

If you fly directly to the UK and return to the US without a visa, you would
probably be denied admission and be right on the next flight back. If you
are *very* lucky, the officers may allow you to apply for a waiver of
documentation requirements. There is a fine for that (I think $170).

That aside, even going to Canada or Mexico no longer helps. If you apply for
a visa there, you are no longer eligible for automatic revalidation.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Oct 25th 2005, 8:41 am
  #3  
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Default Re: H1-B Expired Stamp - Revalidation troubles

So, am I right that the only way to revalidate is back in my point of origin - ie the UK. I don't get how people are doing this - what employer is ok with a 4 week sabatical?
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Old Oct 25th 2005, 11:17 am
  #4  
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Default Re: H1-B Expired Stamp - Revalidation troubles

Originally Posted by Kevin Keane
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capenj wrote:

    >
    > I know this is a popular question but it's such a problem, there are so
    > many differnt opinions!
    >
    > I have an expired h1b stamp in my passport, I am in the US under a valid
    > I-797. I am thinking of changing jobs but would rather get revalidated
    > now, so that I don't have to wait 4 months before I can even think about
    > the revalidation. Of course it's still going to take 4 weeks to go back
    > to the uk and have the thing stamped - what employer likes that - it's
    > so stupid. Is there no way round this?
    >
    > Has anyone ever travelled outside of the neighboring countries of the US
    > with an expired stamp and a valid I797 and got back in? If so did you
    > have to take paychecks etc?

I'm sure people have on occasion slipped through without getting caught, but
this is blatantly illegal, and the penalty would be pretty severe. Falsely
and knowingly claiming that you are eligible for automatic revalidation
(that's what the 30-day rule about trips to Canada/Mexico is formally
called) is immigration fraud and will get you banned for life. Further, if
this *ever* came out, you could be deported for it - and it almost
certainly would.

If you fly directly to the UK and return to the US without a visa, you would
probably be denied admission and be right on the next flight back. If you
are *very* lucky, the officers may allow you to apply for a waiver of
documentation requirements. There is a fine for that (I think $170).

That aside, even going to Canada or Mexico no longer helps. If you apply for
a visa there, you are no longer eligible for automatic revalidation.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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I'm really confused about your answer... my understanding from the OP's question is that they are currently employed on H1b, have a valid I-797 and just need to get the visa re-issued.

If this is the case, there should be no problem with going to Canada to have it done (my husband just got back from doing it last week. He had the appointment at the embassy on Monday morning and had his passport back, with visa, on Monday afternoon.) There should also be no problem with doing it in London - I'm not sure where you get 4 weeks from, but in my experience it takes them less than a week to return your passport to you.

If I've misunderstood something in the question, my apologies for being misleading!
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Old Oct 25th 2005, 2:51 pm
  #5  
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Default Re: H1-B Expired Stamp - Revalidation troubles

I would love to know more about how your husband arranged the appointment in Canada? And is he English too?
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Old Oct 25th 2005, 3:17 pm
  #6  
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Default Re: H1-B Expired Stamp - Revalidation troubles

Originally Posted by capenj
I would love to know more about how your husband arranged the appointment in Canada? And is he English too?
I've replied to your pm, but as I said, Kevin's reply has me very confused and I'm not sure exactly what your situation is. How long have you been with your employer? You have a valid I-797, right? And proof of employment?

My husband took his pay stubs, a letter of verification from his employer, his I-797, bank statements and proof of qualifications. He likes to be mega prepared though and I'm not sure how much of this he actually needed! Better to take it and have too much than leave it behind I guess.
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Old Oct 26th 2005, 1:11 am
  #7  
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Default Re: H1-B Expired Stamp - Revalidation troubles

Wintersong, you are correct, I am completely valid, just an expired stamp in my passport. I've been with this employer less than a year, and my stamp expired June 2005, and I'm still employed here.
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Old Oct 27th 2005, 6:19 pm
  #8  
Kevin Keane
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Default Re: H1-B Expired Stamp - Revalidation troubles

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capenj wrote:

    >
    > So, am I right that the only way to revalidate is back in my point of
    > origin - ie the UK. I don't get how people are doing this - what
    > employer is ok with a 4 week sabatical?

People really have two choices here:

- - Not leave the USA at all.

- - Ask the employer for unpaid leave. Since it's effectively
government-mandated, the employer should be OK with it.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Oct 27th 2005, 6:22 pm
  #9  
Kevin Keane
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Default Re: H1-B Expired Stamp - Revalidation troubles

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Wintersong wrote:

    >
    >> capenj wrote:
    >> >
    >> > I know this is a popular question but it's such a problem, there are
    >> > so
    >> > many differnt opinions!
    >> >
    >> > I have an expired h1b stamp in my passport, I am in the US under a
    >> > valid
    >> > I-797. I am thinking of changing jobs but would rather get
    >> > revalidated
    >> > now, so that I don't have to wait 4 months before I can even think
    >> > about
    >> > the revalidation. Of course it's still going to take 4 weeks to go
    >> > back
    >> > to the uk and have the thing stamped - what employer likes that -
    >> > it's
    >> > so stupid. Is there no way round this?
    >> >
    >> > Has anyone ever travelled outside of the neighboring countries of
    >> > the US
    >> > with an expired stamp and a valid I797 and got back in? If so did
    >> > you
    >> > have to take paychecks etc?
    >> I'm sure people have on occasion slipped through without getting
    >> caught, but
    >> this is blatantly illegal, and the penalty would be pretty severe.
    >> Falsely
    >> and knowingly claiming that you are eligible for automatic
    >> revalidation
    >> (that's what the 30-day rule about trips to Canada/Mexico is formally
    >> called) is immigration fraud and will get you banned for life.
    >> Further, if
    >> this *ever* came out, you could be deported for it - and it almost
    >> certainly would.
    >> If you fly directly to the UK and return to the US without a visa, you
    >> would
    >> probably be denied admission and be right on the next flight back. If
    >> you
    >> are *very* lucky, the officers may allow you to apply for a waiver of
    >> documentation requirements. There is a fine for that (I think $170).
    >> That aside, even going to Canada or Mexico no longer helps. If you
    >> apply for
    >> a visa there, you are no longer eligible for automatic revalidation.
    >
    > I'm really confused about your answer... my understanding from the OP's
    > question is that they are currently employed on H1b, have a valid I-797
    > and just need to get the visa re-issued.
    >
    > If this is the case, there should be no problem with going to Canada
    > to have it done (my husband just got back from doing it last week. He
    > had the appointment at the embassy on Monday morning and had his
    > passport back, with visa, on Monday afternoon.)

Generally correct. I replied the way I did because the OP specifically asked
about "not neighboring countries."

In Canada and Mexico (as well as in London) you need an appointment to get
the visa.

    > There should also be
    > no problem with doing it in London - I'm not sure where you get 4
    > weeks from, but in my experience it takes them less than a week to
    > return your passport to you.

It may have been the time to get an appointment. You cannot make an
appointment from within the USA, but you can have a relative in the UK make
an appointment on your behalf.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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