visiting Canada on H1B and H4!

[jkamel5]

Hi,
I (on H1B) and my wife (on H4) want to visit Canada for 2 weeks and come back to the USA. My question is, will we need to get USA visa to come back or not? our current visas is expired.
Thanks

[gccovet]

Originally Posted by jkamel5

Hi,
I (on H1B) and my wife (on H4) want to visit Canada for 2 weeks and come back to the USA. My question is, will we need to get USA visa to come back or not? our current visas is expired.
Thanks

yes, if you want to travel back using H1-H4 you will need a current VISA stamped on you passports. Approved I-797 will not work. If you have AP, then it is better to travel back on AP.
GCCovet

[funny]

Originally Posted by jkamel5

Hi,
I (on H1B) and my wife (on H4) want to visit Canada for 2 weeks and come back to the USA. My question is, will we need to get USA visa to come back or not? our current visas is expired.
Thanks

you don't need a US visa, If you don't stay more than 30 days, You can come back with expired visa, but, you should have a Valid I94, Just don't surrender your I94 while you leave USA.

It is always better to get an opinion from your attorney.

[gcisadawg]

Originally Posted by funny

you don't need a US visa, If you don't stay more than 30 days, You can come back with expired visa, but, you should have a Valid I94, Just don't surrender your I94 while you leave USA.

It is always better to get an opinion from your attorney.

I believe that is not correct. To get back into US when you are on H1B/H4/L1/L2, you need to have a valid unexpired stamp on your passport.
Say, your stamp expires on July 31st 2008 but you have a approved I-797
which is valid up to Dec 31st 2009, then you may get an I-94 that is valid upto
Dec 31st 2009.

Not surrendering I-94 before leaving US is not a great idea!

[thakurrajiv]

Also, you will need canadian visa to enter canada. I have canadian visa and valid US visa stamp, I will be going to Toronto in July 4th weekend.

[funny]

Originally Posted by gcisadawg

I believe that is not correct. To get back into US when you are on H1B/H4/L1/L2, you need to have a valid unexpired stamp on your passport.
Say, your stamp expires on July 31st 2008 but you have a approved I-797
which is valid up to Dec 31st 2009, then you may get an I-94 that is valid upto
Dec 31st 2009.

Not surrendering I-94 before leaving US is not a great idea!

This is correct information


Individuals who are already in the U.S. and remain in legal status are encouraged to apply at non-border U.S. embassies and consulates in conjunction with foreign travel for business or pleasure. Those who plan to visit Canada, Mexico or, in the cases of students and exchange visitors, adjacent islands, may re-enter the U.S. within thirty days on expired visas as long as they possess a valid I-94 form unless they are excluded from automatic revalidation, as noted below.


Just go to the bottom of the page.
SOURCE WEB SITE
http://www.travel.state.gov/visa/tem...hout_1260.html

[gccovet]

Originally Posted by funny

This is correct information


Individuals who are already in the U.S. and remain in legal status are encouraged to apply at non-border U.S. embassies and consulates in conjunction with foreign travel for business or pleasure. Those who plan to visit Canada, Mexico or, in the cases of students and exchange visitors, adjacent islands, may re-enter the U.S. within thirty days on expired visas as long as they possess a valid I-94 form unless they are excluded from automatic revalidation, as noted below.


Just go to the bottom of the page.
SOURCE WEB SITE
http://www.travel.state.gov/visa/tem...hout_1260.html

This is true only for students, exchange visitor and adj islanders
Highlighting you quote:
" in the cases of students and exchange visitors, adjacent islands "

Once again, if you are on H1-H4, you WILL need to have a valid VISA stamped on your passport.
GCCovet.

[immique]

you do not need to have a H1 or H1 visa stamp when you return from canada/Mexico provided that you are returning back to USA with in 30days and do not apply for a visa abroad and you have never been out of status. I am copying the quote from a University website. if you want more information, then Google for more information and the restrictions involved in this procedure.

"Automatic Visa Extension for H-1B (or H-4) Visa Holders

An H-1B visa stamp may be considered to be automatically extended upon application for readmission to the United States (therefore, your visa stamp does not need to have an expiration date that is in the future), if you are returning from Canada or Mexico and are returning to the United States to resume H-1B status, provided that you:

are applying for readmission to the United States after a temporary absence of not more than 30 days in Canada or Mexico;

have maintained lawful H-1B status and intend to continue doing so;

present a current, unexpired Form I-797;

present the most recent Form I-94 reflecting H-1B status;

present a valid passport (unless exempt from passport requirements);

do not require a waiver of inadmissibility under Section 212(d)(3) of the Immigration and Nationality Act; and

apply for readmission within the authorized period of initial admission or extension of stay."

[SK2007]

Originally Posted by jkamel5

Hi,
I (on H1B) and my wife (on H4) want to visit Canada for 2 weeks and come back to the USA. My question is, will we need to get USA visa to come back or not? our current visas is expired.
Thanks

If you do not have a valid US visa, you might have difficulty getting a Canadian visa (if visiting as tourist) unless you are going to a US Visa.

[muni_k]

can you still stamp the h1b in canada if you have an extension notice?I have heard people do that in the past not so frequently anymore.i don't know why.

[SK2007]

Originally Posted by muni_k

can you still stamp the h1b in canada if you have an extension notice?I have heard people do that in the past not so frequently anymore.i don't know why.

Did you mean H1B extension, I got it stamped last november, my friend got it 5 weeks ago, if anything changed after that, I don't know.

[Suva]

immique is correct that if you have unexpired I-94 then you can enter USA from mexico/canada within 30 days. But you should not apply visa in canada/mexico and in this case if your visa is denied then you cannot use automatic revalidation rule. It is discussed many times in immigrationvoice.
See the fourth paragraph in this article where it clearly says that H1/L1 are eligible to use this.
http://www.ilw.com/articles/2002,0321-Lester.shtm

[gosearch]

Originally Posted by jkamel5

Hi,
I (on H1B) and my wife (on H4) want to visit Canada for 2 weeks and come back to the USA. My question is, will we need to get USA visa to come back or not? our current visas is expired.
Thanks

I did exactly this in September 2010. I have an expired H1, wife and daughter have expired H4 but we all have valid I-797. Got a Canadian visa - took about 3 hours in NY.
Drove to Canada via Niagara Falls, stayed for a week in multiple cities. Drove back to the US. On the border, the officer did automatic revalidation (took about an hour as she had to refer with the legal guy about some technicality) and issued new I-94s (charged $16 each) and we were on our merry way back home.

Just make sure you don't hand over the I-94 that came with the I797 to the officer when you go into Canada.

Probably the OP has already taken the trip, this information may help the others planning to do the same.

[montyp80]

hey Guys,

I live in Canton, MI (suburb of Detroit, MI) I am on H1b visa and I have valid I-94 expiring September 2011 and planning to travel to Canada over the weekend to catch up with friends...i have few questions, i would really appreciate if you guys can help..

1. Is it safe to travel to canada on h1b visa? are there any issues that i could run into at the port of entry while coming back? i have been hearing really bad stories (it could be just stories) from all around, about people on h1b being denied entry to US at Port of entry while coming back from home country and all that sort. Am i going to run into any such issues if i'm just going for the weekend (leaving friday evening, returning sunday evening).

2. Lot of guys on this thread are suggesting not to hand over I-94 to visa officer while entering Canada, my I-94 for is stapled into my passport. Will visa officer at port of entry to Canada take this out? and will i be issued new I-94 with same expiry date (Sept 2011 as it shows on current one) when i enter back to US?

3. I am planning to travel with my wife and she is in H-4, again will there be any issues at Port of entry while coming back to US for her if she is traveling with me?

Please advise guys.

Thanks

[gosearch]

Originally Posted by montyp80

hey Guys,

I live in Canton, MI (suburb of Detroit, MI) I am on H1b visa and I have valid I-94 expiring September 2011 and planning to travel to Canada over the weekend to catch up with friends...i have few questions, i would really appreciate if you guys can help..

1. Is it safe to travel to canada on h1b visa? are there any issues that i could run into at the port of entry while coming back? i have been hearing really bad stories (it could be just stories) from all around, about people on h1b being denied entry to US at Port of entry while coming back from home country and all that sort. Am i going to run into any such issues if i'm just going for the weekend (leaving friday evening, returning sunday evening).

2. Lot of guys on this thread are suggesting not to hand over I-94 to visa officer while entering Canada, my I-94 for is stapled into my passport. Will visa officer at port of entry to Canada take this out? and will i be issued new I-94 with same expiry date (Sept 2011 as it shows on current one) when i enter back to US?

3. I am planning to travel with my wife and she is in H-4, again will there be any issues at Port of entry while coming back to US for her if she is traveling with me?

Please advise guys.

Thanks

We did exactly the same thing earlier this year. No problems. See my earlier post. Take the printout of the US consulate document and in case of any issues ask to speak the legal officer at the point of entry. 99% of the people I know make it through with out any problems as long as they have not stayed for more than a month and have not applied for visa renewal.
Your I-94 will not be removed at the time of exit from US and you will not be issued a new I-94 unlesss you have the I-94 that comes with I-797.