Legal Question in Immigration Law in Texas

I would like to visit canada... i had entered the us on vistors visa in 1999 and since then have been on H4 to F1 to H1 B.... i am currently in my 5th year of H1B and wanted to see since i have never left the US can i still visit Canda without the visa or stamping for just 12 days... if yes then what type of documentation would i need to enter in Canada and then re enter the US...thanks


Asked on 6/09/14, 9:29 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you have never been issued an H-1B visa by the U.S. Consulate, then you cannot depart the U.S. & re-enter without it.

Unfortunately, the U.S. Consulate in Canada will not issue an H-1B visa to a third country national who has not already had at least one H-1B visa issued by the U.S. Consulate in his home country.

You would have to apply for the H-1B visa at the U.S. Consulate in your home country first, then re-enter the U.S., then go to Canada. If you don't, the U.S. will not re-admit you with just an I-129 approval notice.

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Answered on 6/09/14, 6:10 pm


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