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wrong dates on H-1b stamp and travel abroad

wrong dates on H-1b stamp and travel abroad

Old Jun 14th 2003, 9:11 pm
  #1  
Arman Danielyan
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Default wrong dates on H-1b stamp and travel abroad

Hi All.

I am in the US with H-1B visa, and my I-94 is valid till 2005. My H-1B visa
in the passport, however, was issued in August 2002 with the expiration date
of November 2002 (the immigration officer at the port of entry said that
this was a mistake of the US Consulate, who issued my visa with wrong
(shorter) dates.
I need to travel to UK now for a conference. My question is: can I travel to
UK with my current passport with expired visa even though my I-94 is valid
till 2005.
If not, what are the options for me.
Also, can I get another H-1B visa stamped in my passport (with correct
dates) without leaving US.
Thanks
 
Old Jun 14th 2003, 11:42 pm
  #2  
Ingo Pakleppa
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Default Re: wrong dates on H-1b stamp and travel abroad

On Sat, 14 Jun 2003 21:11:21 +0000, Arman Danielyan wrote:

    > Hi All.
    >
    > I am in the US with H-1B visa, and my I-94 is valid till 2005. My H-1B
    > visa in the passport, however, was issued in August 2002 with the
    > expiration date of November 2002 (the immigration officer at the port of
    > entry said that this was a mistake of the US Consulate, who issued my
    > visa with wrong (shorter) dates.

It may have been a mistake, or it may have been intentional - my guess is
that it was indeed intentional, since almost no visas are issued for only
three months without good reason. Visas are usually issued based on
reciprocity. If your country issues the equivalent of an H-1B visa for
three months only, then that's what the US will give you, too.

Other possible reasons include prior overstays.

By the way, most of the time such short visas are also issued as
single-entry visas, so it actually became worthless the day you entered
the US.

I don't think the officer at the POE had enough information to say whether
it really was a mistake; he probably was young and inexperienced and
hadn't seen such a visa before.

    > I need to travel to UK now for a conference. My question is: can I
    > travel to UK with my current passport with expired visa even though my
    > I-94 is valid till 2005.

You can travel, but you can't return.

    > If not, what are the options for me.

You need to apply for a new visa stamp.

    > Also, can I get another H-1B visa stamped in my passport (with correct
    > dates) without leaving US.

You MAY be able to do it by sending your passport to St. Louis. However,
my guess is that they will tell you to apply for a visa in a consulate in
your home country.

Depending on a number of factors, this can be a relatively fast and
painless procedure that takes around two weeks, or it can mean that you'll
be stuck outside the US for six months or more. If you want more details,
please post your citizenship, country of birth, religion (primarily, are
you Muslim or not - post 9/11 that may make a difference), and anything
that you think may have caused the visa to be issued for such a short
period.

Also, were you required to go to Special Registration, and if so, did you
register?

--
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everybody to seek competent legal counsel rather than relying on usenet
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