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Expired I-94 but valid stamped visa and new petition. Can I renter from Canada to USA

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  • TonSi
    Member
    • May 2008
    • 15

    #1

    Expired I-94 but valid stamped visa and new petition. Can I renter from Canada to USA

    Appologies for posting it in this forum again. Previously posted in wrong forum.

    Currenly residing with family in US on L1 visa.

    Here are specifics about my case:
    Canada visitor's visa stamped (Single entry)- Dec 2008
    US visa - L1 stamped till Jan 09
    I-94 - Expired Aug 08 (Was given less due to passport expiry. Now have valid passport as well)
    Old L1 petition - Valid till Jan 09
    New L1 Petition - Approved and valid till 2010.

    We are planning for 3-4 days of road trip (via Niagara falls, US) to canada in late september. I don't think entry into Canada would an issue as we have canada visitor's visa stamped. But I would like your opinion if based upon above details, could there be any issues to re-enter USA from canada (by road).


    As always, appreciate your time to respond to this.
  • txh1b
    Senior Member
    • Apr 2008
    • 11348

    #2
    If your I-94 expired, you are illegally present and that also is supposed to void your valid visa. When in AUg 08 did it expire/is going to expire? Your visa validity has nothing to do once inside the US, I-94 matters the most.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment

    • TonSi
      Member
      • May 2008
      • 15

      #3
      Thanks for your reply. My old I-94 which was given during my last rentry expired on 10 Aug, 08. But right now I have a new approved petition extension with me till 2010. Sorry if I did not make clear earlier. Old petition is till Jan 2009 (not sure if that is valid any more though)

      Comment

      • txh1b
        Senior Member
        • Apr 2008
        • 11348

        #4
        Does your new L1 extension have the same number as your expired I-94? If so, you are good to go.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

        • TonSi
          Member
          • May 2008
          • 15

          #5
          I-94 on L1 extension has the same number as expired I-94 and also the date of petition extension is from the expiry date of I-94. Is this good to travel to canada for 2-3 days.

          Thanks again for your response.

          Comment

          • TonSi
            Member
            • May 2008
            • 15

            #6
            txh1b - sorry if I sound like broken record, but with the infor below, do you think we will be ok to renter canada. Once again appreciate your time.

            Comment

            • txh1b
              Senior Member
              • Apr 2008
              • 11348

              #7
              I don't understand what your problem is in the first place.

              You have a valid visa, you have a valid petition, what is your problem to enter?

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment

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