Schengen visa (France) denied - I797 valid but H1 visa stamp expired

Schengen visa (France) denied - I797 valid but H1 visa stamp expired - Passport on Top of a Planner

The VFS for France Schengen Visa refused to accept my documents as my H1 visa stamp expired last month. However, my I797 is still valid till 2021.

After a lot of persuasion, all I got is that we cannot accept the documents as the consulate has been rejecting all similar application these days.

I find this strange as Europe is just a stopover trip on my way to India, where I will be getting my H1 stamped.

Any other way I can pursue, to get the schengen visa approved? Please suggest.

Thanks.



Best Answer

It not very clear what type of Schengen Visa you are applying for.

I assume your an Indian citizen travelling from the US to India.

For a flight transfer using an internal Schengen Area flight a normal C-Visa must be applied for

  • New York --> Paris --> München --> India

For a transfer inside a Airport International Transit Areas, Schengen Countries will require a transit C-Visa from you since your US H-1B has expired.

Holders of a valid Canadian, Japanese or United States residence permit do not need a Transit Visa.

The form I797 is probably of no interest to France (or any other Schengen Country) unless it is a

  • Form type I-797F, Transportation Letter: Issued overseas to allow applicants to travel.

Assume that forms of other countries are of less interest than visas when applying for a transit visa.

Since your VFS seems unable to assist you in this matter, you should apply for the needed visa type directly from the consulate of first entry.

If you are planning to return back from India to the US in the near future, that expected date should also be given.
In such cases a multiple entry visa may be issued.




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What happens if visa is rejected France?

An applicant whose visa has been refused may lodge an appeal against the decision to refuse a visa to the Commission de Recours contre les D\xe9cisions de Refus de Visa, BP 83609 44036 Nantes CEDEX 1, within two months of being officially informed. This appeal must be motivated, signed and written in French.

Can I apply Schengen Visa after rejection?

A common question newly rejected individuals and couples ask is \u201cCan we apply for a Schengen visa again after rejection?\u201d The answer to this question is always yes. Therefore, instead of appealing your rejected Schengen visa (or if your appeal fails), you could simply apply for a new Schengen visa.

Can I travel without H-1B stamping?

You are required to have a valid H-1B visa in your passport to return to the U.S. from all countries except for brief trips (less than 30 days) to Canada & Mexico (see below).

Do embassies know about visa refusal in other countries?

The embassy doesn't track your refusal, CLASS does. That's a database accessible to every American consular officer in the world at the click of a mouse, so it's not just the embassy where the visa refusal takes place.



France Denied/refused/deport to give entry on valid Schengen visa




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