Automatic Visa Revalidation-more Info

G

ginnu

Registered Users (C)
Today once again I confirmed with good immigration lawyer about Automatic Visa revalidation I am posting what he said:
One can usually indeed go to Canada and return. Here are the conditions:

- you stay in Canada for less than 30 days
- you do not apply for a US visa at a US consulate in Canada
- you do not leave Canada for a third country
- your I-94 is valid beyond the day you return from Canada
- you are not from a certain set of countries (it is just the
seven so-called "terror sponsoring" countries).

If you meet all these conditions, you can go to Canada and return without
a visa stamp.
Here is a copy of the regulations, 22 CFR Section 42.112(d), which were
changed on March 7, 2002, to add the part about not applying for a visa:

http://www.nafsa.org/content/Profes...ces/Immigration
AdvisingResources/autorevalid2002.htm

“ Vault” has posted that he talked to Department of state and they said it does not exist.
You can confirm the above by sending Email to Department of State:
http://contact-us.state.gov/ask_form_cat/ask_form_visa.html
 
Lets see what the State Department has to say to my e-mail. If at all i get a reply from them, I will post the same.
 
http://www.nafsa.org/content/Profes...rces/ImmigrationAdvisingResources/pa2002B.htm

you can also go to google.com and search for Automatic Visa Revalidation and will find many other sites that say it is still effective.
If any change to Atomatic Visa revalidation do you think lawyers will not update the sites. Even if you go to Department of state site you will find a Search option on Right side, search for Automatic Visa revalidation and you will find on Department site that it still exists. Do you mean that Deparment will also not update the info?

as you visit Canada every week show the BCIS or BCBP officer who told you that Automatic Visa revalidation is not effective, note down his batch # and report it to Deparment of state or BCIS and BCIS site has an email so that you can report it to them. Many BCIS or BCBP are new officers you should make them aware with the print outs from DOS
 
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For Vault / Ginnu

Hi Guys..

I have a question. I have changed my status from an F-1 to H-1 and do not have the stamp on my passport. My Canada papers are in the final stages. I want to know that if I land can I return without getting a visa stamp? I am hesitant to get it stamped as I have one course remaining and do not have my Diploma..

I can finish my Diploma.. only by August.. and my medicals expire on the July 15. So I am in a soup... Please advise.. as I want to land also nd be allowed to come to the US.. I have a B1/B2 visa that has expired..

Please give me your inputs..

LDmello.
 
For Vault / Ginnu

Hi Guys..

I have a question. I have changed my status from an F-1 to H-1 and do not have the stamp on my passport. My Canada papers are in the final stages. I want to know that if I land can I return without getting a visa stamp? I am hesitant to get it stamped as I have one course remaining and do not have my Diploma..

I can finish my Diploma.. only by August.. and my medicals expire on the July 15. So I am in a soup... Please advise.. as I want to land also nd be allowed to come to the US.. I have a B1/B2 visa that has expired..

Please give me your inputs..

LDmello.
 
I don't know. Ther's utter confusion about this 30 day rule. INS says one needs to have a visa stamp in the passport, and so does the State Department (VISA office). Unless and until someone crosses the border without a VISA, the answer to your question will be up in the AIR.

However, if you ask me, I would say YES! you need to have a stamp in your passport. But if you asked GINNNU, he/she would say NO you do not need one.

Call the attorney who did your H-1B and ask him/her if you need a visa to come back. Also let us know what he/she states.
 
Let me get that right

SO, if I go to Canada with an expired H1b, but with the new notice of Action and new extended I-94, will they automatically put a new valid stamp in may passport at the border?
At least, that is whati get from this thread and from thelinks you suggested. Did t happen to somebody not to receive the stamp?
Bic
 
Hi,

I am Indian Citizen, Canadian Landed Immigrant, living and working in US. I have stamped F1 VIsa valid till 2005. Approved H1 from INS. I-94 Valid till 2006. I want to go to Canada to apply for PR Card for not more than 2-3 days. I am not willing to apply for VISA Stamping @ US consulate, Canada.

Can I cross US-Canada border under Automatic Visa Revalidation ? Will I be able come back US ?

Any suggestions will be sincerely appreciated.

Thank you,

Udupi
 
Hi,

I am Indian Citizen, Canadian Landed Immigrant, living and working in US. I have stamped F1 VIsa valid till 2005. Approved H1 from INS. I-94 Valid till 2006. I want to go to Canada to apply for PR Card for not more than 2-3 days. I am not willing to apply for VISA Stamping @ US consulate, Canada.

Can I cross US-Canada border under Automatic Visa Revalidation ? Will I be able come back US ?

Any suggestions will be sincerely appreciated.

Thank you,

Udupi
 
Auto visa revalidation

Any new update about this... please post your experience as it could greatly help others. Thx
 
Pr Holder stayed in Canada for more than 30 days

Hi,
I am on a H1 B and i am also canadian PR holder.
I am thinking of going back to US after 3 months. My passport has a valid Visa until one more month and i have a New H1 too.
Can any one tell me if there is a problem for me to cross into US.

Thanks,
 
Automatic revalidation rule worked for me.
I used valid I-94 (but expired VISA) and entered back to USA without any problem. I've been in Canada for a week to land and apply for SIN.
 
It all depends upon the person who checks you

It all depends upon the person who checks you if he feels you are ok u are and if not then you have to have a visa no matter what so good luck

Thats all what i can say but according to me you need one. thats my opinion.
 
belarus,
thanks for posting your experience.
would you mind telling that what is your nationality ? And which border post did you use to enter into US ?
 
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I am citizen of Belarus.
I don't remember name of crossing point, but it was on the route from Montreal to Boston (highway 91).
(It was just my expirience, so maybe I was lucky or maybe automatic revalidation rule still works - before go to the trip I confirmed with my company lawyer that automatic revalidaton rule is still ok)
At entry point custom officer looked at my passport and I-94/I-797 for couple minutes. He also looked at canada landing paper (it was stamped to the passport), asked me if I am perminent resident of Canada and then let me go.

Anyway I don't want to make a statement that this rule is working or not but just want to share my experience.
Hope this helps.
 
Belarus,
Thx for posting ur experience. I am on a valid F-1 staus here in the USA but my visa has been expired. Now, I am also planning to go to Canada for a couple of weeks to go thru landing process.
Your advise/feedback would greatly help me making my plans.

* When did you go to Canada!
* Did you drive/fly and from which entry point you came back to USA.
* What kind of supporting documents you had w/u.
* Are u also on F-1 visa
* What did they ask/I mean what kind of Qs.
* Any advise of do's and don'ts.
* Are u from any of the special registration required countries (like Pakistan, Middle eastern countries....)

Please respond. Thanks a million for your help and time.

Shan
 
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