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Reentering US from Canada without H1 VISA stamp

Discussion in 'Canada - Visiting, Living in, Moving to or Moving ' started by jayeshgk, Oct 16, 2002.

  1. jayeshgk

    jayeshgk Registered Users (C)

    Its 16 Oct 2002. I have an H1 VISA stamped on my passport which expired on Oct 2001. I have a new extended approval with 797A AND an I94 on the approval. My new VISA is valid till 2004 on the approval notice.

    I will visit Canada this weekend and return from Canada in two days. Will I have problems re-entering the US because I do not have a renewed VISA stamped on my passport? Please advice urgently.

    Help appreciated.
    JK
     
  2. RamFan

    RamFan Registered Users (C)

    No problem

    You are not going to have any problem as long as you stay less than 30 days.

    Good Luck,

    RamFan

    P.S. Please post your experience upon arrival in U.S. it may help others, who are in similar situation.
     
  3. klpd4dc

    klpd4dc Registered Users (C)

    Please let us know about your experience. Also which country are you from?

     
  4. Schattenjager

    Schattenjager Registered Users (C)

    RECONSIDER YOUR PLANS

    Dude,

    Stop. The law has changed. Check it on travel.state.gov. You wont be able to enter US now without a valid US visa stamped on your passport.

    Schattenjager
     
  5. klpd4dc

    klpd4dc Registered Users (C)

    Thank you for your suggestion. I did a search on the web and found the following url's helpful:

    http://www.quarles.com/up_imm8.asp

    Also, here is a quote:
    "Harvard students and scholars should not plan to travel to Canada or Mexico to obtain a visa stamp without first speaking with an advisor in the HIO. In the past, it was routine for students and scholars to return to the United States from Canada & Mexico (and in some cases from the Caribbean) with an expired visa stamp after a visit of no more than 30 days to one of these adjacent countries. This process is known as “Automatic Visa Revalidation.”

    The DOS has now ruled that this benefit is no longer available to some foreign nationals. Specifically, citizens of Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba are ineligible for Automatic Visa Revalidation. In addition, any Third Country National (a person applying at a U.S. consulate/embassy in a country other than his own) who applies for a visa in Canada or Mexico, must have that application approved before returning to the United States. If the applicant is unable to obtain approval of the new visa application (in Canada or Mexico), s/he will not be permitted to reenter the United States. This may necessitate a trip to the individual’s home country directly from either Canada or Mexico to obtain the visa. For details about this ruling, see the March 7 Federal Register notice. http://hio.harvard.edu/pdf/April1AutoReval.pdf
     
  6. hmnpa

    hmnpa Registered Users (C)

    Hi

    The Automatic Revalidation says that only if you apply for visa in Canada or Mexico, and you are rejected, then you are not able to enter US. But if you have a valid visa and I-94, and even if it is not stamped, and you did not go for stamping in Canada, you should be fine. I did the same thing yesterday and was able to come back without hassles.

    Hope this helps
     
  7. klpd4dc

    klpd4dc Registered Users (C)

    Would you mind telling us which country you are from?

    TIA,

    klpd
     
  8. hmnpa

    hmnpa Registered Users (C)

  9. RamFan

    RamFan Registered Users (C)

    New rule regarding above discussion

    Guys,

    I thought that if you have a vaild H-1b visa approval notice from INS and do not have a H-1 visa stamped on your passport you should still be able to come back to U.S without any problem, if you stay in Canada for less than 30 days ( and just going there for landing as canadian PR). I found this link on www.visalaw.com which says a new regulation is going in effect from Dec, 16th. It will require people from most countires to have a valid visa to enter into U.S. regardless of their Canadian PR status. I am wondering if they are just talking about pure Canadian Residents (no ties to U.S.) and not people who have Canadian PR and also have H-1b approval notice and maintaning a valid status in U.S.

    http://www.visalaw.com/02nov2/12nov202.html

    Please read and post your comments.

    Thanks,

    RamFan
     
  10. Raj009

    Raj009 Registered Users (C)

    Canadian PR/H1B situation

    I have one question regarding my H1B situation.I am a Canadian Landed immigrant and right now in Canada.I went to US on Sept99 and worked there till sept2002.I got laid off from the company in US on Sept2002.I transferred my H1 to a new company on Sept2002 and the process is still going on.My question is...

    a)Can I start working in US now since my new LIN number has been approved
    or
    b)Do I need to wait till my actual I797?

    If I get my actual I797 do I need to stamp it in my passport.My old H1B in the passport will be expiring on Dec2003.The problem is that the previous company(the company I got laid off) has cancelled my H1B on Sept2002.

    Appreciate your response.
     
  11. klpd4dc

    klpd4dc Registered Users (C)

    From what I know, you can start working. Also your current H1b visa stamp should be good as new as soon as you receive your new I 797. Though, it is always a good idea to check with an attorney. You can also check the state dept website.
     
  12. irshadmalek

    irshadmalek New Member

    Re Entering US without Stamping From Canada

    Does anyone know the rules now?

    I have my H1b expires this Sept 2013 and still waiting for my labor approval,
    my lawyer said based on some calculation i have to be out of the country for 25 days and he said I can go to canada and I dont need stamping when I come back to US ?

    I am in my 6th year of H1b, I have valid 797 but doesnt have stamping on my passport.

    Appreciate your help,

    Thanks
     
  13. König

    König Registered Users (C)

    You can't leave for 25 days and re-enter on the same I-94, so you will need a valid visa in your passport.
     

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