Lost Passport (H1-B) and I-94

[saleemis]

I lost my passport and original I-94. I had a valid H1-B visa on my passport. Now I have a fresh, clean passport with no visa on it. How do I get a new visa stamp on it. Do I have to go abroad? Or, is it possible to have it stamped while I'm in USA? Please, reply...
Thanks -- Shahid Saleemi [email protected]

[aseesuddin]

Visa Stamping in US

The non-immigrant visa can be re-validated in US without having to go
to the
US embassy/consulate outside US by sending your passport and other
documents
by mail. Only visas of type H, L, O and P can be revalidated in US. It
can
be re-validated in US only if you had never been out-of-status in US.
Please
note that visa is for travel only. So if you are on H1 and change jobs,
you
can start working for another company as soon as you get the H1B
approval.
You don't have to have the H1B visa stamp in your passport in the new
company's name. You can stay in US as long as your new I-94 is
valid(which
comes at the time of H1B extension or H1B transfer.) Only if you are
planning to travel outside US and if your visa stamp has expired or is
no
more valid because you changed the company, you need new visa stamp in
your
passport.

Say if you change from F1(Student Visa) to H1 visa as you get the job,
you
can't send passport to get an H1 stamp in your passport. You need to
have
the visa stamp in the same category as the the category under which you
are
applying.
Documents &nbsp &nbsp &nbsp &nbsp
A passport valid for at least (6) months from the date of issue of
visa. The
passport (or accompanying previous passport) must contain a previous
visa
bearing the same classification as that which is now being sought. A
visa
may be revalidated if it has a remaining validity of not more than
sixty
(60) days, or has not been expired for more than one year. Each
applicant
will receive an individual visa, and each Machine Readable Visa (MRV)
covers
a full page. Therefore, passports must contain a blank, unmarked visa
page
for each U.S. visa to be placed in the passport. The Form I-94 issued
by
the U.S. Immigration and Naturalization Service (INS) when s/he last
entered
the United States. The original I-94 should remain firmly stapled in
your
passport at all times. If the Form I-94 has expired, you should submit
a
valid Form I-797 Notice of Approval from the INS for each visa
applicant. A
valid Employment Petition (Form I-797) issued by the INS must be
submitted.
The form will indicate the applicant's current employer and the
approved
extension of temporary stay. A comprehensive letter from the principal
alien's employer identifying the applicant and describing in detail the
nature and function of the position, the kind of business and what it
does,
and justifying the need for the visa. The letter submitted must be on
the
letterhead of the current employer, with an original signature from the
company representative and must be addressed to the Visa Office,
Department
of State. Sample Employer Letter for revalidation
<docs/RevalidateEmpLetter.html> A typed original Form OF-156
(Non-Immigrant
Visa Application Form) with one passport-size photograph, with white or
light background, for each applicant, regardless of age. The
photographs
must be attached to the respective forms in the designated place.
Please
spell out the month of birth (i.e., write "January 2," NOT 1/2 or 2/1)
Incomplete or improperly filled out applications are returned without
visas.
Download Fillable(Type in) OF-156 form in English.
<forms/of-156fill.pdf>
You can also request forms by sending a fax to Depart of State at
202-663-1608. Sample Fax Letter. <docs/request_of156.html> If the
spouse
and/or dependent children are applying for visas separately from the
principal alien, certified copies of the principal alien's visa and
valid
I-94 (front and back) must be submitted in addition to all other
requirements. $45 non-refundable visa processing fee is required for
each
applicant.(Except the citizens of Canada and Mexico.) Payment may be
made by
bank draft, cashier's check, money order, or corporate check or checks
issued by your attorney's law firm made payable to the "U.S. Department
of
State." Cash or personal checks are not acceptable. In addition,
certain
nationalities must also pay a "reciprocity fee." The amount of these
fees
vary from country to country. In the case of multiple applicants,
payment of
all application fees may be consolidated in one check, and all
reciprocity
fees in another. But application fee and reciprocity fees can not
combined,
because visa application fee and reciprocity fee go into two separate
accounts. The application fee is non refundable regardless of whether
the
visa is issued or not. The reciprocity fee, if any, would be returned
if the
visa can not be issued. Separate fees are required for each
individual,
even if there are multiple persons are included in a single passport
(like
children in mother's passport.) Reciprocity fee for India: $75 for any
amount of stay on H/L visa. Reciprocity fee for China: For H-1, H-4:
$10
one entry, $20 two entries valid up to three months only. For L-1, L-2:
$120
for multiple entries up to 24 months; $10 one entry; $20 two entries.
Cover
letter by the primary applicant addressed to department of state
requesting
the re-issuance of visa. Sample Cover letter
<docs/RevalidateCoverLetter.html> &nbsp &nbsp &nbsp &nbsp

Sending Documents &nbsp &nbsp &nbsp &nbsp
US Department of State does not have direct contact with the public.
All
transactions take place via U.S. mail or commercial courier. While they
do
not recommend any particular service, FEDERAL EXPRESS picks up daily
directly from their offices. The office's mail room is in a different
building; items sent via U.S. Postal Service take at least two extra
days
each way. Include a prepaid air bill for the carrier of your choice to
return the documents to you. If you opt for the U.S. Postal Service,
you
must provide a stamped, self addressed envelope for the postal service
of
your choice. For safety reasons. U.S. Postal Inspectors recommend that
passports sent via the U.S. Postal Service should be mailed in padded
envelopes. If you make no provisions for the return of your documents,
they
will return them via ordinary surface mail. Application packages must
be
mailed to: Postal Service US Department of State/Visa P. O. Box
952099 St.
Louis, MO 63195-2099 Fax: 202-663-1608(Fax number is still old number
in DC)
Courier Service US Department of State/Visa (Box 2099) 1005 Convention
Plaza
St. Louis, MO 63101-1200 Fax: 202-663-1608(Fax number is still old
number in
DC) If the DOS requests certain additional information on applications
previously submitted at old address in Washington DC, then the address
to
send the additional information is: Department of State CA/VO/P/D 2401
E
Street, N.W. Room L-701 Washington, D.C. 20522-1016 Applications for
only
one family can be sent in one package. Processing time depends on
seasonal
demand. It is best to allow between eight to ten weeks from the date of
receipt. In all fairness, the state department office adheres to a
strict
first-come, first-served policy. If there are time constraints
surrounding
your application, please do not submit it. Instead, they advise you to
apply
for the visa at an overseas U.S. diplomatic or consular office. If you
need
additional information, please state department can be reached at (202)
663-1213. Timings are Monday to Friday (except holidays) between
2.00pm-4.00
pm(Eastern Time). A recording provides general information at all other
times. You may also reach them by fax at (202) 663-1608. &nbsp &nbsp &nbsp &nbsp

[manjula17]

I believe you can revalidate visas in USA, only if you have a visa stamped in your passport already.
1. Do you have a photo copy of your old passport which you lost?. That helps you a lot.
2. Do you have copy of your I-797(H1 approval form with I-94)?. Your company attorney or your company will have it surely. get it. That helps you a lot.

With all these photo copies explaining with a big letter (saying that you lost passport and I-94) send your new passport to St.Louis, then you may surely get a visa stamped for you.
"Try giving as much evidence as possible".