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Old 11-12-2009, 12:07 AM
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Default travel to canada - expired h1 visa, valid i797

Hi,

I have to travel to Canada for an interview. My H1B visa on passport is expired, but I have a valid I797 for H1B extension.

Will I need a valid visa stamped on the passport at the US port of entry? I would think yes, but I could be wrong. If I need the visa, then are they allowing stamping in non-home countries? I could get it stamped in Canada.

Thanks.

Last edited by aguy; 11-12-2009 at 12:08 AM. Reason: update
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Old 11-12-2009, 12:43 AM
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Originally Posted by aguy View Post
Hi,

I have to travel to Canada for an interview. My H1B visa on passport is expired, but I have a valid I797 for H1B extension.

Will I need a valid visa stamped on the passport at the US port of entry? I would think yes, but I could be wrong. If I need the visa, then are they allowing stamping in non-home countries? I could get it stamped in Canada.

Thanks.

I think visa revalidation may apply here if I-94 is still valid. But one should fall in that 5-6 rules defined. I may be wrong so check with an experienced attorney for proper legal advise.
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