Legal Question in Immigration Law in Illinois

Stamping H1B Visa outside U.S

Hi,

I came here three years ago in jul-2001 on first H1B and I switched to current company by getting new H1B pettion 1 and half year ago on jul-2003. The first stamp on my passport expired this year in march. Now I want to travel outside to get new H1B stamp. I have been told by someone that there is a law if you can go canada for your stamp and if they denied still you can come back with in 30 days and U.S will allow you to enter inside?

Is it true, is there any other way as state department needs me to stamp this visa from outside any consulate.

Any little help will bring some hope for me.

Thanks

Aasif


Asked on 12/01/04, 2:06 pm

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Stamping H1B Visa outside U.S

You don't have to have the visa stamped unless you want to travel outside of US and re-enter.

You can go to Canada to apply for the H1B visa, but if it's denied, you cannot come back to US from Canada. You need to go back to your home country directly from Canada and apply your H1B visa there.

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Answered on 12/01/04, 2:18 pm
Matthew Bernstein Law Office of Chicago Kent College of Law

Re: Stamping H1B Visa outside U.S

It is possible to apply (by appointment) with a U.S. Consulate in Canada or Mexico as a "third country national" i.e. a national of a country other than Mexico or Canada.

There is a separate rule that allows a person with an expired visa and a valid, non-expired I-94 Arrival Departure Card, to enter the United States if he has traveled to a contiguous territory for less than 30 days. This is known as "automatic visa revalidation." However, this rule DOES NOT apply to individuals who have applied for a visa at a U.S. Consulate in Canada or Mexico and have been denied. That person will not be admitted to the United States pursuant to automatic visa revalidation and will need to return to their home country to apply for a visa.

Unfortunately, the only way to apply for a visa is through a U.S. Consulate abroad. We would be happy to assist you in applying for a visa.

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Answered on 12/01/04, 2:18 pm


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