Visa validity question...
Dec 19th 2002, 2:03 pm
#1
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 30
Visa validity question...
My friend is an H1 worker. She is going home for the holiday. Her visa will be expired on Jan 3rd but she is coming back to the U.S. on Dec 30. Do you think she needs to get a new visa or she can enter with the old one. Any idea will be greatly appreciated. Thank you so much!
Dec 19th 2002, 2:16 pm
#2
BE Enthusiast
Joined: Sep 2002
Posts: 565
she should have no problems. you can enter even the last day of your visa validity. That's theory.
I don't know, if there are some real cases where entry was denied. It is INS, who can make the decision, and you never know with them.
I don't know, if there are some real cases where entry was denied. It is INS, who can make the decision, and you never know with them.
Dec 19th 2002, 3:39 pm
#3
Guest
Posts: n/a
Re: Visa validity question...
On Thu, 19 Dec 2002 15:03:28 +0000, dhachick wrote:
>
> My friend is an H1 worker. She is going home for the holiday. Her visa
> will be expired on Jan 3rd but she is coming back to the U.S. on Dec 30.
> Do you think she needs to get a new visa or she can enter with the old
> one. Any idea will be greatly appreciated. Thank you so much!
She can use the old visa, but should have a petition good for a longer
time than that with her.
>
> My friend is an H1 worker. She is going home for the holiday. Her visa
> will be expired on Jan 3rd but she is coming back to the U.S. on Dec 30.
> Do you think she needs to get a new visa or she can enter with the old
> one. Any idea will be greatly appreciated. Thank you so much!
She can use the old visa, but should have a petition good for a longer
time than that with her.
Dec 19th 2002, 8:03 pm
#4
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 30
Re: Visa validity question...
Hi Ingo,
When you say petition, Do you mean her h1 petition?.
Her current I-797 is still valid till Sep 2004 and the date shown in her I-94 is the same. It's only her visa validity that is expiring. If you are meaning some other petition, do tell, curious mind wants to know.. thanks
When you say petition, Do you mean her h1 petition?.
Her current I-797 is still valid till Sep 2004 and the date shown in her I-94 is the same. It's only her visa validity that is expiring. If you are meaning some other petition, do tell, curious mind wants to know.. thanks
Originally posted by Ingo Pakleppa
On Thu, 19 Dec 2002 15:03:28 +0000, dhachick wrote:
>
> My friend is an H1 worker. She is going home for the holiday. Her visa
> will be expired on Jan 3rd but she is coming back to the U.S. on Dec 30.
> Do you think she needs to get a new visa or she can enter with the old
> one. Any idea will be greatly appreciated. Thank you so much!
She can use the old visa, but should have a petition good for a longer
time than that with her.
On Thu, 19 Dec 2002 15:03:28 +0000, dhachick wrote:
>
> My friend is an H1 worker. She is going home for the holiday. Her visa
> will be expired on Jan 3rd but she is coming back to the U.S. on Dec 30.
> Do you think she needs to get a new visa or she can enter with the old
> one. Any idea will be greatly appreciated. Thank you so much!
She can use the old visa, but should have a petition good for a longer
time than that with her.
Dec 20th 2002, 8:53 am
#5
Guest
Posts: n/a
Re: Visa validity question...
Yes, I mean her I-797 H-1B petition approval notice.
On Thu, 19 Dec 2002 21:03:10 +0000, dhachick wrote:
>
> Hi Ingo,
> When you say petition, Do you mean her h1 petition?.
> Her current I-797 is still valid till Sep 2004 and the date shown in
> her I-94 is the same. It's only her visa validity that is expiring. If
> you are meaning some other petition, do tell, curious mind wants to
> know.. thanks
>
> Originally posted by Ingo Pakleppa
>> On Thu, 19 Dec 2002 15:03:28 +0000, dhachick wrote:
>> >
>> > My friend is an H1 worker. She is going home for the holiday.
>> Her visa
>> > will be expired on Jan 3rd but she is coming back to the U.S. on
>> Dec 30.
>> > Do you think she needs to get a new visa or she can enter with
>> the old
>> > one. Any idea will be greatly appreciated. Thank you so
>> much!
>> She can use the old visa, but should have a petition good for a longer
> time than that with her.
>
> --
> Posted via http://britishexpats.com
On Thu, 19 Dec 2002 21:03:10 +0000, dhachick wrote:
>
> Hi Ingo,
> When you say petition, Do you mean her h1 petition?.
> Her current I-797 is still valid till Sep 2004 and the date shown in
> her I-94 is the same. It's only her visa validity that is expiring. If
> you are meaning some other petition, do tell, curious mind wants to
> know.. thanks
>
> Originally posted by Ingo Pakleppa
>> On Thu, 19 Dec 2002 15:03:28 +0000, dhachick wrote:
>> >
>> > My friend is an H1 worker. She is going home for the holiday.
>> Her visa
>> > will be expired on Jan 3rd but she is coming back to the U.S. on
>> Dec 30.
>> > Do you think she needs to get a new visa or she can enter with
>> the old
>> > one. Any idea will be greatly appreciated. Thank you so
>> much!
>> She can use the old visa, but should have a petition good for a longer
> time than that with her.
>
> --
> Posted via http://britishexpats.com
Dec 20th 2002, 2:25 pm
#6
Guest
Posts: n/a
Re: Visa validity question...
Your friend can come back on the same visa. BUT, her new I-94 will
have her Jan 3rd date as the expiration date. (The old I-94 with the
Sep 2004 date will be redundant). So, she will become out of status
on Jan 4th.
If she leaves the country, she should get a new visa. That way when
she comes back her new I-94 will have a Sep 2004 date.
have her Jan 3rd date as the expiration date. (The old I-94 with the
Sep 2004 date will be redundant). So, she will become out of status
on Jan 4th.
If she leaves the country, she should get a new visa. That way when
she comes back her new I-94 will have a Sep 2004 date.
Dec 20th 2002, 5:53 pm
#7
Guest
Posts: n/a
Re: Visa validity question...
"ss2001" wrote in message
news:[email protected]...
> Your friend can come back on the same visa. BUT, her new I-94 will
> have her Jan 3rd date as the expiration date. (The old I-94 with the
> Sep 2004 date will be redundant). So, she will become out of status
> on Jan 4th.
> If she leaves the country, she should get a new visa. That way when
> she comes back her new I-94 will have a Sep 2004 date.
ss2001, what you have said is simply not the case. The *visa* expiration
date does not legally specify the I-94 (H-1B *status*) expiration date.
(The *visa* expiration date is the last day that the person can ask to enter
the U.S. using that *visa.*)
The I-94 (H-1B *status*) expiration date is determined by the I-797 H-1B
approval notice. (Sometimes, the passport expiration date can interfere
with the I-94 expiration date, but assuming a passport expiration date far
enough in the future, what I have said is the case.)
Sometimes the INS officer at the port of entry makes a mistake, and
indicates the visa expiration date as the I-94 (H-1B *status*) expiration
date. The individual should watch carefully for this, and if this error
occurs, the individual should insist on a correct I-94. If the INS officer
resists, the individual should insist on speaking with a supervisor.
news:[email protected]...
> Your friend can come back on the same visa. BUT, her new I-94 will
> have her Jan 3rd date as the expiration date. (The old I-94 with the
> Sep 2004 date will be redundant). So, she will become out of status
> on Jan 4th.
> If she leaves the country, she should get a new visa. That way when
> she comes back her new I-94 will have a Sep 2004 date.
ss2001, what you have said is simply not the case. The *visa* expiration
date does not legally specify the I-94 (H-1B *status*) expiration date.
(The *visa* expiration date is the last day that the person can ask to enter
the U.S. using that *visa.*)
The I-94 (H-1B *status*) expiration date is determined by the I-797 H-1B
approval notice. (Sometimes, the passport expiration date can interfere
with the I-94 expiration date, but assuming a passport expiration date far
enough in the future, what I have said is the case.)
Sometimes the INS officer at the port of entry makes a mistake, and
indicates the visa expiration date as the I-94 (H-1B *status*) expiration
date. The individual should watch carefully for this, and if this error
occurs, the individual should insist on a correct I-94. If the INS officer
resists, the individual should insist on speaking with a supervisor.
Dec 21st 2002, 12:17 am
#8
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 30
Re: Visa validity question...
I really dont think the visa expiration date signifies that her H1B status is only valid till then. Thanks for your reply though...
Originally posted by Ss2001
Your friend can come back on the same visa. BUT, her new I-94 will
have her Jan 3rd date as the expiration date. (The old I-94 with the
Sep 2004 date will be redundant). So, she will become out of status
on Jan 4th.
If she leaves the country, she should get a new visa. That way when
she comes back her new I-94 will have a Sep 2004 date.
Your friend can come back on the same visa. BUT, her new I-94 will
have her Jan 3rd date as the expiration date. (The old I-94 with the
Sep 2004 date will be redundant). So, she will become out of status
on Jan 4th.
If she leaves the country, she should get a new visa. That way when
she comes back her new I-94 will have a Sep 2004 date.
Dec 21st 2002, 5:46 am
#9
Guest
Posts: n/a
Re: Visa validity question...
When u enter the country, your new I-94 will have the Visa expiration
date as the new 'valid till' date. It will override all previous
I-94s. (This is from my own personal experience. Things could have
changed since.)
date as the new 'valid till' date. It will override all previous
I-94s. (This is from my own personal experience. Things could have
changed since.)
Dec 21st 2002, 7:24 am
#10
Guest
Posts: n/a
Re: Visa validity question...
"ss2001" wrote in message
news:[email protected]...
> When u enter the country, your new I-94 will have the Visa expiration
> date as the new 'valid till' date.
Only if you choose not to show the new petition approval notice,
or allow an incompetent INS officer to put the wrong date on
the I-94. The new I-94 should be set to the expiry date of the
petition, or possibly the expiry date of the passport if that is
sooner. If you show the petition but the officer wants to incorrectly
put the visa expiry date on the I-94, insist on him or you speaking
with a supervisor to get the correct date put on.
> It will override all previous I-94s.
Indeed. You can only have one valid I-94 at a time. The latest one
always supercedes all previous ones.
> (This is from my own personal experience. Things could have
> changed since.)
Nothing has changed in this area for quite a long time. There appear
to be a fair number of INS officers at Ports of Entry who get this
wrong. It's up to you to know your rights and persuade them to do
the right thing.
I've been in this situation where the officer was putting the visa
expiry date on the I-94 after I'd asked to enter on the new petition.
I said something like "Excuse me, I'm asking to enter on this new
petition so the I-94 expiry date should be set to the expiry date
of the petition". He looked confused, phoned his supervisor, then
corrected the I-94. If necessary, my next steps would have been
to ask, then insist, on speaking to a supervisor.
news:[email protected]...
> When u enter the country, your new I-94 will have the Visa expiration
> date as the new 'valid till' date.
Only if you choose not to show the new petition approval notice,
or allow an incompetent INS officer to put the wrong date on
the I-94. The new I-94 should be set to the expiry date of the
petition, or possibly the expiry date of the passport if that is
sooner. If you show the petition but the officer wants to incorrectly
put the visa expiry date on the I-94, insist on him or you speaking
with a supervisor to get the correct date put on.
> It will override all previous I-94s.
Indeed. You can only have one valid I-94 at a time. The latest one
always supercedes all previous ones.
> (This is from my own personal experience. Things could have
> changed since.)
Nothing has changed in this area for quite a long time. There appear
to be a fair number of INS officers at Ports of Entry who get this
wrong. It's up to you to know your rights and persuade them to do
the right thing.
I've been in this situation where the officer was putting the visa
expiry date on the I-94 after I'd asked to enter on the new petition.
I said something like "Excuse me, I'm asking to enter on this new
petition so the I-94 expiry date should be set to the expiry date
of the petition". He looked confused, phoned his supervisor, then
corrected the I-94. If necessary, my next steps would have been
to ask, then insist, on speaking to a supervisor.
Dec 21st 2002, 8:12 am
#11
Guest
Posts: n/a
Re: Visa validity question...
On Fri, 20 Dec 2002 22:46:48 +0000, ss2001 wrote:
> When u enter the country, your new I-94 will have the Visa expiration
> date as the new 'valid till' date. It will override all previous I-94s.
> (This is from my own personal experience. Things could have changed
> since.)
It depends on the type of visa that you have, but is rarely true.
Many people have 10-year tourist visas, but they don't get I-94s good for
ten years. For F-1s and I's, there often is no I-94 expiration date at
all. For H-1Bs, the I-94 expiration date is supposed to be the petition
expiration date, although I actually had an officer give me an extra ten
days once (the grace period). Often, the petition expiration date for
H-1Bs is the same as the visa expiration date, and that's why some INS
officers incorrectly may use the visa expiration date.
> When u enter the country, your new I-94 will have the Visa expiration
> date as the new 'valid till' date. It will override all previous I-94s.
> (This is from my own personal experience. Things could have changed
> since.)
It depends on the type of visa that you have, but is rarely true.
Many people have 10-year tourist visas, but they don't get I-94s good for
ten years. For F-1s and I's, there often is no I-94 expiration date at
all. For H-1Bs, the I-94 expiration date is supposed to be the petition
expiration date, although I actually had an officer give me an extra ten
days once (the grace period). Often, the petition expiration date for
H-1Bs is the same as the visa expiration date, and that's why some INS
officers incorrectly may use the visa expiration date.
