Renewing H-1B visa stamp from Canada

11-23-2003, 05:58 PM

Greetings,

I believe that recently there has been a change in rules after which
it is no longer possible to return from a trip to Canada only on the
basis of I-94, if the visa stamp in the passport has expired.
A valid visa stamp is required.

Is that true?

My situation is that my H-1B renewal has been filed and is exptected
to be approved by Feb 2004.
However, I need to go to Canada in order to complete my Canadian
Permanent Residence Landing by end of April 2004.
After that I need to return to the US for another 2 months, wrap-up my
job here, and move finally to Canada.

My questions are:
1. If it is not possible for me to return to the US from Canada only
by using the I-94, what is the best way to get my visa stamp
revalidated?

I don't want to send the passports to DoS at St. Louis because there
isn't enough time to get them back.

2. Can I apply for a visa stamp at a US consulate in Canada?
What is the likelihood of getting the visa in Canada?

Can anyone share any similar recent experiences?

3. Is it likely that US consulates in Canada will refuse the visa
because I will be a recently-landed immigrant in Canada without
"significant ties" to Canada at that point?

The April deadline for completing the immigration procedure in Canada
is non-changeable and we must meet that deadline.
That is more important to us than anything else at this time and we
can't jeopardise that process because of the US visa issues.

Thanks for any advice.

12-05-2003, 08:18 AM

On Sun, 23 Nov 2003 10:58:57 -0800, WebCrawler wrote:

    > Greetings,
    >
    > I believe that recently there has been a change in rules after which it
    > is no longer possible to return from a trip to Canada only on the basis
    > of I-94, if the visa stamp in the passport has expired. A valid visa
    > stamp is required.
    >
    > Is that true?

No. There was a similar change in the rules, but it only applies if, in
addition to the conditions you state, you also apply for a visa at a US
consulate in Canada. As long as you don't apply for a visa, you can still
return to the USA.

    > My situation is that my H-1B renewal has been filed and is exptected to
    > be approved by Feb 2004.
    > However, I need to go to Canada in order to complete my Canadian
    > Permanent Residence Landing by end of April 2004. After that I need to
    > return to the US for another 2 months, wrap-up my job here, and move
    > finally to Canada.
    >
    > My questions are:
    > 1. If it is not possible for me to return to the US from Canada only by
    > using the I-94, what is the best way to get my visa stamp revalidated?

At a US consulate in Canada. Or not at all.

    > I don't want to send the passports to DoS at St. Louis because there
    > isn't enough time to get them back.
    >
    > 2. Can I apply for a visa stamp at a US consulate in Canada? What is the
    > likelihood of getting the visa in Canada?

You can, and it is probably no better or worse than in your home country
(unless you are from the Arab world).

    > Can anyone share any similar recent experiences?
    >
    > 3. Is it likely that US consulates in Canada will refuse the visa
    > because I will be a recently-landed immigrant in Canada without
    > "significant ties" to Canada at that point?

No. H-1B does not require significant ties.

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