Crossing US border

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Subject: Crossing US border
  Sharon, Roy and to all who have the knowledge, I need your help. Iam now in Canada as a landed immigrant since June 2007. I had my H1B visa from the US and flew to Canada without knowing that I need to surrender the I-94. I can´t find my I-94 card but I still have my valid 10-years multiple entry visa on my passport. My aunt is dying and I want to visit her. I want to know if I will be allowed to enter the US or not. Do I need to apply thru the US embassy?. Please help me as I am so desperate. Thanks a lot.

Kristy

[15-04-2008,19:54]
[**.230.135.180]
Kristy
(in reply to: Crossing US border)
Don´t worry much about the I-94 Card. Officially you are supposed to return, if not then don´t worry a lot. I see lot of guys including myself re-entered OK.

What kind a Visa you are holding? If Tourist (as it is 10 years) then you should be OK. No need to take anymore visa or go to the embassy.


[15-04-2008,20:57]
[***.219.255.152]
DC
(in reply to: Crossing US border)
Sorry I missed that you were holding H-1 before.

Since you left US meaning job as well that visa is not vbalid anymore. No matter it is multiple, that was issued base don your working status.

Now you have to take a tourist visa from your nearest US consulate after an interview. Getting the interview date is not very staright forward. Have to do online:
https://www.nvars.com/Production/userhome.aspx

Sorry to say that it may take 3 to 8 weeks to get the interview date; trick is you have to frequently check the website for a desired date. You also can call their 900 no. and tell your urgency.

Good Luck.


[15-04-2008,21:03]
[***.219.255.152]
DC
(in reply to: Crossing US border)
Thanks DC. Can you clear about the validity of my multiple tourist visa?. As I understand, once you change status that will be in their record not the previous one, right?. I think I really need to make an appoinment for an interview now.
[16-04-2008,11:22]
[**.230.135.180]
Kristy
(in reply to: Crossing US border)
Very Simnple.

Say your H1-B was issued for 3 years (I don´t know how you got it for 10 years). So, theoretically you should be fine for 3 years for multiple entry into the US.

BUT, if you lose or leave the job in bet´n that mean after officially you leave/laid of your H-1 Status would be cancelled after 30 days. So, no matter you have the H-B valid stamping in your passport you can´t use that to re-enter. In that case, you have to apply for a tourist visa or any other visa according to your need.

I would strongly suggest to register the online system and start looking for the dates. Keep in mind that you can´t apply anywhere. You have to apply to your particular consulate. Like, Can´t apply in Halifax if you live in Ontario.

[16-04-2008,14:59]
[***.219.255.152]
DC
(in reply to: Crossing US border)
Kristy,
you need to ask an attorney because this is what I see is your dilemma....

1. H1B expired or not does not matter because you have left your employer.... correct ?
2. You probably have a 10 yr multiple entry visitor visa issued before the H1 was issued, but still valid (maybe ????)....

I guess you need to find the answer to the 2nd question. If yes, then look on message boards at ....
www.murthy.com OR www.immigration.com for any such scenarios.

Either case please let us know what you find.

[16-04-2008,17:00]
[***.242.242.2]
Raj
(in reply to: Crossing US border)
I was very confused about 10 years H-1B visa. I know for sure that is not possible.

If it is a tourist visa then I don´t believe that she has any complicacy, she simply can go to any border/airport. Her H-1B status was approved, not the passport stamping I believe.


If she didn´t over stay or viloate any other US law then should be fine.

[16-04-2008,18:10]
[***.219.255.152]
DC
(in reply to: Crossing US border)
Oooppsss, sorry for the confusion. I got H1B for 3 years and extended to 6 years then I left US. The visa was NOT stamped on my passport. For my multiple tourist visa, it is stamped on my passport and valid ´til 2010.
[21-04-2008,20:08]
[**.230.135.180]
Kristy
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