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Disturbia

Re-enter US from Canada with expired H1B visa stamp?

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Hello

My H1B visa stamp expired in 2013 and I have I797 with attached i-94 valid till 2020, same goes for my wife on H4. 

I came across AVR , so can I travel to Canada and re-enter US with just my valid I-797 attached with I-94?

This sentence on the DOS confused me: 

  • Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

 

It mentions unexpired stamp...I'm not sure if this applies to me and my wife with expired H1B and H4 visa stamps????

 

WHat documents do I need to carry to re-enter back in US by air /land? I'm not sure if airlines would allow us to board without valid visa stamp???

 

Also does my child (US citizen) need to carry US passport to enter Canada?

 

 

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Also does my child (US citizen) need to carry US passport to enter Canada? - This is straight forward question. US citizens must carry passport or else how you will prove US citizenship.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

I guess this says you must have valid visa stamp or even if visa stamp is not valid you must have Form I94 valid. I guess in your case you have it.

If you have doubts you can call CBP directly and find out...

 

 

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Thanks for your response.

I meant my child has Passport Card as well so just confirming if the Card is sufficient instead of carrying Passport

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On 5/9/2019 at 1:43 PM, Disturbia said:

Hello

My H1B visa stamp expired in 2013 and I have I797 with attached i-94 valid till 2020, same goes for my wife on H4. 

I came across AVR , so can I travel to Canada and re-enter US with just my valid I-797 attached with I-94?

This sentence on the DOS confused me: 

  • Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

 

It mentions unexpired stamp...I'm not sure if this applies to me and my wife with expired H1B and H4 visa stamps????

 

WHat documents do I need to carry to re-enter back in US by air /land? I'm not sure if airlines would allow us to board without valid visa stamp???

 

Also does my child (US citizen) need to carry US passport to enter Canada?

 

 

Yes, you can re-enter on Automatic Revalidation if you have only been gone to Canada or Mexico for less than 30 days.

Your child does not need US passport and can just enter Canada and return to the US on a birth certificate showing birth in the US if entering by land, but will need a passport if entering by air.

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