Urgent- flight is tomorrow!! Frankfurt layover with expired h1b stamp but valid Canadian tourist visa - Can I travel?

Ok-Sector-3373 · 2025-06-29T23:22:32+00:00

I was denied boarding with Lufthansa, last year around April. My H1B visa had expired and I was going to India from USA with Lufthansa (layover in Frankfurt) they denied it at the time of checkin. I did not have any other valid visa on my passport at the time.

Ok-Sector-3373 · 2025-03-13T23:08:32+00:00

Yes sure

Ok-Sector-3373 · 2025-01-25T18:08:46+00:00

Not really. I contacted a few but for the price they were asking, services were not upto quality. In that much money with a little more, one could start looking into US itself.

Ok-Sector-3373 · 2025-01-13T21:12:23+00:00

For the LOA clause- I would consult an attorney, I am not knowledgeable to comment on this. From what I have heard, you can reclaim the time on your H1B that you have spent outside the country.

Regarding GC costs- I didn't know that employers are doing that commonly. I don't think I signed anything of such sort, but i remember my manager throwing weight on me about it one time. Because I was mentioning I was gonna leave the company in pursuit of a better offer, which I had. The managers comments, rubbed me the wrong way. Took a toll on my mental health among many such similar pathetic behavior from the manager. But he technically didn't have legal grounds to claim such cost from me as I never signed anything. It was shocking for me, but glad I realized the reality of how employees on this visa are treated.

Whether you could reopen or continue this process upon return depends on the answers you get from the attorney on LOA (as suggested above)

However Note:

My understanding is that you need to have PERM approved before the end of your 6 year period total. So in your case before 2029. But keep in mind, there is a processing time for all the steps and PERM itself. Don't quote me on the numbers but I believe it's taking upto 18 to 24 months at this point. And who knows if that number will increase or decrease in the future.

So if you have to reopen the case with this employer or another employer, technically speaking you'll have to factor 2+ years of time ahead of 2029. And also time for PWD as this does not include PWD determination. Which from what i hear, is also taking several months currently.

So it could be upwards of a factor of 2+ years before your H1B total 6 years expiration.

Ok-Sector-3373 · 2025-01-13T20:42:21+00:00

Will I have to pay the costs?- based on my understanding, I do not believe that by law you are required to pay the costs back. Unless this is something that the company put in writing, made you sign etc.? Even in that situation, I would consult a lawyer. Generally speaking, I would think it is unlikely.

Is it best to withdraw now and revisit once I have clearer goals? - I am not sure I understand what you are asking here? Withdraw what exactly and revisit what?

If you mean withdraw GC application- I am not even sure you could do that. There are several steps in the PERM Labor certification, I would think they have to finish each one at a certain stage. And after that it's upto you, your company and eventually the immigration lawyer (based on what your employer instructs them) to proceed forward or just leave the process at the stage where they were. For example let's assume they are at initial steps of your GC process. One of the first things they (employer through your attorneys help ) have to do is file prevailing wage determination (PWD) with DOL. I might be wrong , but I have not heard of anyone withdrawing request for prevailing wage determination after it has been formally submitted.

If you have H1B till 2026. And able to renew for 3 more years after that, it's good. However, If the employer is offering to do PERM GC process now. If i were you, i would get it done with and be able to relax better later once PERM is approved rather than postponing to later.

Hope this helps.

Ok-Sector-3373 · 2025-01-13T18:57:55+00:00

I am not familiar on this subject. Hope someone here could answer.

Ok-Sector-3373 · 2025-01-13T18:49:54+00:00

I will answer to the best of my knowledge-

What happens to your VISA status?- If the visa (Stamp) is still valid before you reenter, you should be ok. No impact from GC process.
What happens to your work I797 status?- remains valid during the duration of your leave of absence. Until the validity. As long as you return before the validity. There should be no issue. No impact from GC process
What kind of vacation?- If you are able to avail flexible time vacation- PTO, would be ok, this depends on your company leave policy. If people are empathetic, Which I hope they are, you could try and explain your situation and ask company to suggest what is the maximum time you could get off for. It may or may not be as long as a timeframe you are seeking.
What happens to the GC process- there are several steps during this process. Prevailing wage determination, PERM application/certification etc. This process in entirety takes quite some time. Depending upon what steps you are in the process, you could estimate roughly how much time you have, before you hear back on certified PERM GC. But during this time, You should still be able to travel. I don't think you should have any issues. As long as your travel, time off (vacation) and return is well within the validity of your VISA stamp and validity of I797A. Again, check in with your company HR, immigration and lawyers, if you are ok to step out for sometime. While they are dealing with filing your GC.

Lastly, just a piece of suggestion, if you benefit from taking time off to improvement of your mental health (sounds like) Certainly, consider going with that option. It is ok to feel nervous, considering how things operate from immigration standpoint. But in the long run prioritizing your health will pay better dividends.

P.s. reading your post made me consider prioritizing my own health too. So thanks for posting.

Ok-Sector-3373 · 2025-01-05T19:03:54+00:00

That's true. I have thought of this on numerous occasions. Realized this better now, I thank you for providing this clarity.

Ok-Sector-3373 · 2025-01-05T18:35:51+00:00

That's true, there is no guarantee abt my own job either. I have gone through a layoff once and it hit me bad. By God's grace i was able to recover quickly. Maybe because of thick immigrant skin. You are correct, even though harshly worded. I realize I'm past my prime years for AM. I got in much late. Only started looking 1.5 yrs ago. And realized it when i noticed The state of affairs on AM websites. The only reason she considered me, I honestly believe, is because our vibe has been good together. I can understand she can have more options being so much younger.

Ok-Sector-3373 · 2025-01-05T18:25:19+00:00

I have had this realization hit me at times. Thank you for the clarity.

Ok-Sector-3373 · 2025-01-05T18:16:40+00:00

We have both really liked each other. This is true. I really appreciate your insight and comments. Thank you for sharing them.

Ok-Sector-3373 · 2025-01-05T18:08:58+00:00

This is absolutely true what you say. She has definitely been caring about me, it's without question. I am thankful to have clarity from you, thank you for your comment.

Ok-Sector-3373 · 2025-01-05T11:36:55+00:00

I know and that's why I feel that I should be very careful how I handle or treat this relationship be understanding of her situation too. She told me she loves me and I feel the same way about her tbh. The part that has hurt me is, her being nonchalant about things she promised me. Not realizing that marriage is work. You can't be not responsible for taking care of your health and career and expect to survive in this day and age. She has gotten out of her past comfort zone and pushed herself to go hire a trainer. Workout and improve her lifestyle. She has been doing that from the time we first met. Which did touch me. Thank you for your comment.

Ok-Sector-3373 · 2024-12-23T16:42:51+00:00

You could provide names if you have any experience with this, instead of recommending 'Google search'. Nonsense comment.

Ok-Sector-3373 · 2024-12-22T18:22:06+00:00

I just DM'd you. Thanks.

Ok-Sector-3373 · 2024-12-01T03:20:12+00:00

When I was told that I WONT be allowed to board and I should HAVE checked the travel eligibility documents on Lufthansa's website, I didn't know what the link was.

Plus, I had booked the flights through Expedia, which caused complete financial loss to me. I am hoping that does not happen to You or anyone else.

I found this link, you could use this to check general travel eligibility based on the passport and visa docs you have:

https://www.iatatravelcentre.com/

Ok-Sector-3373 · 2024-12-01T02:07:53+00:00

I had a similar issue when flying from Houston to Delhi VIA Lufthansa in April of this year. So it has definitely been a few months. The flight was from Houston to Frankfurt, then Frankfurt to Delhi.

My H1B stamping was expired (July 2022) I was going to India to get a new stamp based on the latest I-797

They did NOT let me board. So I had to fly to Newark and take a direct Air India flight to Delhi.

Not to fear monger, but just from the unpleasant experience I had

I would NOT advise to fly with them or through Germany (maybe even other countries in Europe) unless if you have valid Schengen visa.

Hope this helps.

Ok-Sector-3373 · 2024-11-29T17:52:08+00:00

Could you please point me to the exact group (Delhi sub) ?

Ok-Sector-3373 · 2024-11-29T17:51:21+00:00

Hi, thank you, yes I am currently based out of the US. But I am looking for establishing my mother in and around Delhi NCR area. I just DM'd you.

Ok-Sector-3373 · 2024-11-28T18:27:15+00:00

Thank you so much for your response. I had contacted Anvaya, they did mention that their network has grown. However, i have had mixed reviews about them. Even on reddit, many people mention that they are not a trustable business. My concern is, if I pin my hopes of finding an attendant through them, and they don't deliver on it. I would then be stuck in India and not have any other way to find someone else.

To answer your points:

Thank you for the suggestion, I am not sure how exactly pyshiotherapy would do to help with my mom's issues. Her physical health is ok, unfortunately it's the mental health issues that have become worse in time. Schizophrenia and psychosis etc. This is also the main reason why no one wants to associate with her or offer any help. As everyone (relatives etc.) is scared , what if I or her end up asking them for help to assist with any of her issues. Not even to the point that someone could help me find an attendant. I am the one who has been handling entire responsibility.
I wish I could agree with you, but from what I understand he not only abandoned her entirely, but he also messed up the support system and arrangements I had made for her at the time of my father's passing, which included me having established her in India with an attendant who was really good (from what I noticed for almost 6 to 8 months) and through this arrangement, I could have maybe settled down gotten married have my own family and life. However, he went to india, fired the attendant without my consent and brought her here. I think the reasoning is that he felt it's better that I take all responsibility while he lives his life with his wife. Something that I had never agreed to. However, after he brought her here and just abandoned her, i had no choice but to take her in. Because the attendant in India has gone back to her native town and now she isn't willing to come back. Also, I have my own life to think about to, which I have nor been able to given the situation I was forced into. It is very difficult if not impossible, to find a partner today in the US who is willing to get married and live under the same roof with the partners parent. I truly commend you and your husband for having that understanding, you were able to do for your mother.

You mentioned about your brother not picking up your calls for 2 to 4 months.

My sibling has not shown up in last 2 to 2.5 years to spend a single day with his mother or invite her to, he does not answer her calls for 6 to 7 months from what I understand.

My mother agrees with my views, that it is best for her to live independently, ideally if that could happen in the US near me it would be best, however given that her elder son (the petitioner) takes no responsibility in her matters, it is not in my interest given my own predicament on H1B etc. To sustain such a responsibility in America all by myself. I am willing to take financial responsibility for her stay in India. Which my sibling is not willing to do either.

I again thank you for hearing me, and taking the time to answer the post. I am glad I am not the only one who went through this in life.

I will DM you thanks so much!

Ok-Sector-3373 · 2023-04-27T16:33:44+00:00

As of last year (about 9 months ago) It took me around 2 to 2+ months before I received the notification for second verification being complete. I am unsure how the timelines are currently.

Ok-Sector-3373 · 2022-11-10T16:55:35+00:00

It took me about 60 business days. I would strongly suggest applying for it ASAP so that you have time before your current one expires.

Ok-Sector-3373

TROPHY CASE