Expired H1-B visa traveling thru Germany to India

[sathishvk]

My H1-B visa expired on 8/31/2013 and I got my I 797-A for the next 3 years.

 

I am going to India via Germany to get my H1-B stamping.

 

I see that Germany would need a transit visa in spite of my layover being less than 24 hours.

 

German embassy website clearly states that I 797-A would not be accepted and if the H1-B visa on the passport is expired, they need a transit visa which is almost $100 per person.

 

I just do not understand this rule and I was wondering if this being strictly enforced at Frankfurt airport. What if I go there without a transit visa, I could still go to India right? Please advise.

 

My friend was in the same situation last April and he went to India via Germany without a German transit visa and he was not questioned.

 

I just do not want to spend $200 if it can be avoided.

 

[jairichi]

My H1-B visa expired on 8/31/2013 and I got my I 797-A for the next 3 years.

 

I am going to India via Germany to get my H1-B stamping.

 

I see that Germany would need a transit visa in spite of my layover being less than 24 hours.

 

German embassy website clearly states that I 797-A would not be accepted and if the H1-B visa on the passport is expired, they need a transit visa which is almost $100 per person.

 

I just do not understand this rule and I was wondering if this being strictly enforced at Frankfurt airport. What if I go there without a transit visa, I could still go to India right? Please advise.

 

My friend was in the same situation last April and he went to India via Germany without a German transit visa and he was not questioned.

 

I just do not want to spend $200 if it can be avoided.

Well, you could always take a risk but if caught get deported to India as you can not be sent back to your point of origin which is US as your visa has expired. $200 or deportation or luck? Choose wisely.

[omshiv]

You should have done your homework before booking a $1K + Air ticket.

You won't be allowed to board the plane from the US.

Your friend is bluffing.

[ge145]

$200/- versus cancelling of travel plans alongwith if possible non refundable air tkt ?

[sathishvk]

Thank you for your replies.

[Gumastha]

My wife went in Jan'13 and I went in Feb thro Frankfurt without a transit visa. It was not asked. I believe the rule then was you could board the flight if your final destination is your home country. I remember seeing that on the German Consulate website.

 

Recently July/September my friend, wife, kids were not allowed to board the flight. They had to buy fresh set of tickets for the next day on a direct flight. I did notice the rules had got changed.

[omshiv]

Back in Apr 11..I was not allowed to board the Flight at IAD which was flying thru Europe because my US Visa had expired. I had to take a Direct flight to Mumbai from EWR.

[jairichi]

My wife went in Jan'13 and I went in Feb thro Frankfurt without a transit visa. It was not asked. I believe the rule then was you could board the flight if your final destination is your home country. I remember seeing that on the German Consulate website.

 

 

That is correct but do not know whether it was a recent change.

[ge145]

http://www.germany.info/Vertretung/usa/en/05__Legal/02__Directory__Services/01__Visa/__Transit__Visa.html

 

Transit Visa Country List

Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:

AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, MALI, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SOUTH SUDAN, SYRIA, TURKEY

** In addition, Jordanian citizens are exempt from an airport transit visa if they hold a valid visa for Australia, Israel or New Zealand, and hold a valid boarding pass or ticket for one of these countries. Jordanian citizens are also exempt if they, after a legal stay in one of the above mentioned countries, are travelling back to Jordan and are in possession of a valid boarding pass or ticket to Jordan. The connecting flight must be leaving within 12 hours after arriving in Germany from the same airport in whose transit section the traveller has been waiting.

Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:

  1. If they hold a valid visa for the United States of America 
  2. If they return from the USA after having used the visa (however,
     the return has to occur within latest four days after expiration
     of the validity of the visa)
  3. If they hold one of the following residence permits:

   * Form I-551 permanent resident card (valid for 2 to 10 years),
   * Form I-551 Alien registration receipt card (valid for 2 to 10 years),
   * Form I-551 Alien registration receipt card (no expiry date),
   * Form I-327 Re-entry document (valid for two years — issued to
     holders of a I-551),
   * Resident alien card (valid for 2 or 10 years or no expiry date.
     This document guarantees the holder’s return only if his stay
     outside the USA has not exceeded one year),
   * Permit to re-enter (valid for two years. This document guarantees
     the holder’s return only if his stay outside the USA has not
     exceeded two years),
   * Valid temporary residence stamp in a valid passport (valid for one
     year from the date of issue).  

Please note that the advance parole and the approval notice (I-797) are not valid documents for visa free airport transit!