Change of visa class - visa stamping

[sri420]

Hi,

I currently have H1B approval notice and no stamping on my passport. I need to travel to Toronto for a conference where I have to present an abstract. I cannot find any appointment slot in any of the consular offices. My I 94 is valid until June 30 but that is on H4 status(which I was on before). This is the first time I will be traveling outside U.S and I really would like to attend the conference as I have a presentation and it does not look good. I have e-mailed the consular office in toronto for which I got an automated response with related links where I found that they have stopped giving expedited visa appts to petition based(H1) visa applications. Are there any other alternatives? Can I travel to Toronto and come back without a visa stamp? My I 797(H1B approval) is valid until June 2010. Any info/advice appreciated.

[kabkaba]

Doesn't your H1 approval notice have an I-94 at the bottom? That should be your latest I-94.

[sri420]

Thank you. You are absolutely right and my new I 94 is valid until next year. My mistake. I also came across this automatic visa revalidation/contiguous territory and island rules while surfing the net. Does that apply to H1 also and can I reenter from Canada without H1 stamp? I have H4 visa stamp. The reason I am so skeptical and anxious about this is because someone at work told me once I travel outside U.S, I have to have a visa stamping otherwise there are good chances of being stuck overseas for a while and I am leaving young kids here while attending the conference. Please let me know if you have any info on this.

[arajesh19]

Thank you. You are absolutely right and my new I 94 is valid until next year. My mistake. I also came across this automatic visa revalidation/contiguous territory and island rules while surfing the net. Does that apply to H1 also and can I reenter from Canada without H1 stamp? I have H4 visa stamp. The reason I am so skeptical and anxious about this is because someone at work told me once I travel outside U.S, I have to have a visa stamping otherwise there are good chances of being stuck overseas for a while and I am leaving young kids here while attending the conference. Please let me know if you have any info on this.

--- You are required to get an H1B visa stamp since you have an H4 stamp and you are currently on H1B. Unless I am interpreting the rules incorrectly, Immigration and POE officers will not allow you back in the US with an H4 stamp and an H1B petition.

Rajesh

[abhayg4]

Hi Sri,

As correctly mentioned , you have to have H1 Visa Stamped in ur passport.
For entering into US- Visa is required and once in US , then I-94 comes into picture for staying.

Regards,
Abhay

[kabkaba]

automatic re-validation may not apply to you because you don't have an H1 visa (even expired). But then when you leave the US for Canada for less than 30 days, you don't have to give your I-94 and can retain it.