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Entering US with Expired F1 visa / Valid I94 (H1B)

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  • Entering US with Expired F1 visa / Valid I94 (H1B)


    Is it possible to enter the US from Canada while having an expired F1
    visa stamp, and a valid H1B I-94? I thought you have to have a valid H1B
    visa stamp on your passport. Your experience is appreciated!

    --
    MJ23
    Posted via http://britishexpats.com

  • #2
    Entering US with Expired F1 visa / Valid I94 (H1B)

    You will need to change your visa before you can reenter. Canada may
    let you through (though highly unlikely) and you may be able to apply
    for a new visa at the consulate in Canada. However, if they refuse to
    issue you a new visa, you will be sent back to your home country where
    you will have to apply for a new visa there. In short, it is not a
    good time to travel overseas with an expired or obsolete visa stamp in
    your passport. We advise our clients to avoid traveling as long as
    possible because of the amount of time it takes to get a new visa from
    the foreign national's home country. Sometimes it takes up to 6
    months.

    I hope this helps.

    Karim

    MJ23 <[email protected]_expats.com> wrote in message news:<[email protected] om>...
    Is it possible to enter the US from Canada while having an expired F1 visa stamp, and a valid H1B I-94? I thought you have to have a valid H1B visa stamp on your passport. Your experience is appreciated!

    Comment


    • #3
      Entering US with Expired F1 visa / Valid I94 (H1B)

      You will need to change your visa before you can reenter. Canada may let you through (though highly unlikely) and you may be able to apply for a new visa at the consulate in Canada. However, if they refuse to issue you a new visa, you will be sent back to your home country where you will have to apply for a new visa there. In short, it is not a good time to travel overseas with an expired or obsolete visa stamp in your passport. We advise our clients to avoid traveling as long as possible because of the amount of time it takes to get a new visa from the foreign national's home country. Sometimes it takes up to 6 months. I hope this helps. Karim MJ23 <[email protected]_expats.com> wrote in message news:<[email protected] om>...
      Is it possible to enter the US from Canada while having an expired F1 visa stamp, and a valid H1B I-94? I thought you have to have a valid H1B visa stamp on your passport. Your experience is appreciated!
      I understand and agree with everything you said. I am still confused
      because someone told me that they were able to come back to the US with
      an expired F1 visa stamp and a valid I-94 and I-797 for their H1B. My
      understanding is that you need to get an H1B visa stamp to enter the US.
      You can't enter with just the valid I-797 and I-94 because this is not a
      visa. So in short, do you think that this person is lying, or is it
      possible to enter with the H1B I-94 without an H1B visa stamp?

      --
      MJ23
      Posted via http://britishexpats.com

      Comment


      • #4
        Entering US with Expired F1 visa / Valid I94 (H1B)

        Based on what you have described, either he is lying or he was very lucky.

        Comment


        • #5
          Entering US with Expired F1 visa / Valid I94 (H1B)

          I understand and agree with everything you said. I am still confused because someone told me that they were able to come back to the US with an expired F1 visa stamp and a valid I-94 and I-797 for their H1B. My understanding is that you need to get an H1B visa stamp to enter the US. You can't enter with just the valid I-797 and I-94 because this is not a visa. So in short, do you think that this person is lying, or is it possible to enter with the H1B I-94 without an H1B visa stamp?
          I'd suggest to the other two posters that they refrain from giving
          immigration advice to anyone.

          Someone with an expired F-1 visa (for example) with an I-797 approval
          for an H1B and an I-94 with time left on it can reenter the US following
          a visit to Canada provided they meet a few requirements.

          The trip has to be less than 30 days. You can't leave Canada and go to
          any country that isn't adjacent to the US. You can't apply for a new
          visa while in Canada. You need a valid/unexpired passport. You need to
          be otherwise admissible. You can't be from certain countries ((Iran,
          Iraq, Libya, Sudan, Cuba, or North Korea) I think that's the list).

          --
          Posted via http://britishexpats.com

          Comment


          • #6
            Entering US with Expired F1 visa / Valid I94 (H1B)


            "crg14624" <[email protected]_expats.com> wrote in message
            news:[email protected] m...
            I understand and agree with everything you said. I am still confused because someone told me that they were able to come back to the US with an expired F1 visa stamp and a valid I-94 and I-797 for their H1B. My understanding is that you need to get an H1B visa stamp to enter the US. You can't enter with just the valid I-797 and I-94 because this is not a visa. So in short, do you think that this person is lying, or is it possible to enter with the H1B I-94 without an H1B visa stamp?
            I'd suggest to the other two posters that they refrain from giving immigration advice to anyone. Someone with an expired F-1 visa (for example) with an I-797 approval for an H1B and an I-94 with time left on it can reenter the US following a visit to Canada provided they meet a few requirements. The trip has to be less than 30 days. You can't leave Canada and go to any country that isn't adjacent to the US. You can't apply for a new visa while in Canada. You need a valid/unexpired passport. You need to be otherwise admissible. You can't be from certain countries ((Iran, Iraq, Libya, Sudan, Cuba, or North Korea) I think that's the list).
            This page sums it up well:

            http://www.nih.gov/od/ors/dirs/isb/h...avelcanada.htm




            Comment


            • #7
              Entering US with Expired F1 visa / Valid I94 (H1B)

              I don't know how it happened, but someone accessed my account and
              posted inaccurate advice to the question about entering Canada on an
              expired visa. The response was NOT sent by the owner of this account.
              The previous poster's (crg14624) information about entering Canada on
              an expired visa was correct. Additionally, he was also correct in
              recommending that the poster refrain from providing immigration advice
              since the response was wrong. Please do your due diligence before
              posting a response or listening to someone's advice on these message
              boards. Not everyone is an expert.

              Comment


              • #8
                Entering US with Expired F1 visa / Valid I94 (H1B)

                I'd suggest to the other two posters that they refrain from giving immigration advice to anyone. Someone with an expired F-1 visa (for example) with an I-797 approval for an H1B and an I-94 with time left on it can reenter the US following a visit to Canada provided they meet a few requirements. The trip has to be less than 30 days. You can't leave Canada and go to any country that isn't adjacent to the US. You can't apply for a new visa while in Canada. You need a valid/unexpired passport. You need to be otherwise admissible. You can't be from certain countries ((Iran, Iraq, Libya, Sudan, Cuba, or North Korea) I think that's the list).
                So I would imagine that someone who is Palestinian carrying an Egyptian
                travel documents given to Palestinian refugees should not take the
                risk, eventhough he does not fall under any of the countries you
                mentioned above?

                --
                MJ23
                Posted via http://britishexpats.com

                Comment


                • #9
                  Entering US with Expired F1 visa / Valid I94 (H1B)

                  So I would imagine that someone who is Palestinian carrying an Egyptian travel documents given to Palestinian refugees should not take the risk, eventhough he does not fall under any of the countries you mentioned above?
                  I know of no legal reason why you'd be prevented from doing it with
                  those documents because they are not on the list of countries who can't
                  revalidate following a short visit to Canada.

                  I'm certain that those documents would cause extra scrutiny if you had a
                  valid visa or not.

                  If you attempt it, make sure your travel document is valid for at least
                  six months. Many passports and refugee travel documents (Canadian RTD
                  for example) need an additional six months validity in order to enter or
                  remain in the US. For example, if you seek entry with a Canadian RTD
                  that has an expiration date of April 1st 2005, and you seek entry with
                  that document any time after October 1st, 2004, you'd be ineligible to
                  enter the US with that document.

                  --
                  Posted via http://britishexpats.com

                  Comment


                  • #10
                    renew F1 visa

                    i wanna go back home (palestine) to visit but my F1 visa is expired, i heared that they been rejecting people from palestine lately, so is there anybody advice to go back home (palestine) for visting, or you think that there is alot of risk doing that

                    thank you
                    rami

                    Comment

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