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Canada Visa on approved I-797

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  • Canada Visa on approved I-797

    Hello,

    I am on H1b, my wife on H4 and son is US citizen. Our current visa stamped on our passports are valid till June 2017, which was done by previous employer.
    Now, I am with employer B from past 15 days and today I got hard copy of approved I-797 of both of us, which is valid till may 2019. We already have Canada visitor visa on our passports.
    - Can I visit Canada for a week and come back to US on approved I-797 (but no visa stamped with new petition) ? I do not know, if previous visa (which was valid till June 2017) is still valid or not.
    - If I need to through stamping route, do I need to wait in Canada, till we get our passports in hand, after stamping is done ? Vancouver wait time is showing as 3 days for appointment.
    - What are my options ?
    - I read this on another website. Is it correct ? "H-1B workers who have changed employers may use the new I-797 together with a previously issued H visa to travel as long as the H visa stamp continues to be valid"

    We are in Seattle, which is just 140 miles from Vancouver.

    (Please read subject as : Canada travel on approved I-797)

    Regards
    Last edited by abhisheks77; 12-20-2016, 06:03 PM. Reason: Correction of subject

  • #2
    Originally posted by abhisheks77 View Post
    Hello,

    I am on H1b, my wife on H4 and son is US citizen. Our current visa stamped on our passports are valid till June 2017, which was done by previous employer.
    Now, I am with employer B from past 15 days and today I got hard copy of approved I-797 of both of us, which is valid till may 2019. We already have Canada visitor visa on our passports.
    - Can I visit Canada for a week and come back to US on approved I-797 (but no visa stamped with new petition) ? I do not know, if previous visa (which was valid till June 2017) is still valid or not.
    - If I need to through stamping route, do I need to wait in Canada, till we get our passports in hand, after stamping is done ? Vancouver wait time is showing as 3 days for appointment.
    - What are my options ?
    - I read this on another website. Is it correct ? "H-1B workers who have changed employers may use the new I-797 together with a previously issued H visa to travel as long as the H visa stamp continues to be valid"

    We are in Seattle, which is just 140 miles from Vancouver.

    (Please read subject as : Canada travel on approved I-797)

    Regards
    The biggest issue I see is that upon your return you would most likely get an I94 only till visa expiry not as per your I797.

    This is my opinion not legal advice.

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