Automatic Revalidation Question

T

tamizhan24

Registered Users (C)
Hi,
If I have a valid 797 and I-94 BUT expired H1 Visa on my passport. I intend to "land" in Niagara Falls to complete my PR process in Canada. According to the automatic revalidation rule, I can go to Canada and can re-enter the US with an expired visa and valid 797 and I-94 provided:
1.) I did not apply for a US visa while I was in Canada(meaning I didnt appear for an interview) AND
2.) My stay in Canada was for less than 30 days.

Here is my question: How will the officer at the US port of entry, know that you were in Canada for less than 30 days? They generally dont take your I-94 card if you drive into Canada.
Do they stamp something on your passport, saying date of departure.

I am planning on doing this and I want to make sure that visa revalidation will not cause issues for me.
Any thoughts anyone
 
tamizhan24

I am not sure for certain, but I would believe there are a few ways:

1) If you are required to do special registration upon exit, they might put an exit stamp on your passport. Though I have not had this done to me, but I have heard about it from other people.

OR

2) When you enter Canada, I am sure they will put some kind of entry stamp on your passport with a date. That should be proof that you are coming back within 30 days.

Good luck with your landing and hope you have a safe return. Please do share your landing and return experience when you come back.


Stoned!
 
when you land in Canada they will stamp your passport with confirmation of PR with that day. So from that day count your 30 days. And You can enter without any issue with valid I-94-I-797 and expired visa


Best of luck

thanks
msukid
 
msukid said:
when you land in Canada they will stamp your passport with confirmation of PR with that day. So from that day count your 30 days. And You can enter without any issue with valid I-94-I-797 and expired visa


Best of luck

thanks
msukid
Click to expand...

Hello,
I need to use the Auto- Revalidation Rule soon. If anyone has used it recently can you please post your experience.

Thanks.
 
Last edited by a moderator:
I spent a lot of time in analyzing this situvation. I can say 30 day AVR rule is all luck! because some officers doesn't know this rule. If the officer knows about the 30 day AVR rule, you should not have any problem in getting back, other wise it could be an issue. Prepare well to define your 30 day AVR rule and also make sure to carry print outs of rules regarding this rule. In case if the office doesn't know you can show it to him.

I was in the same situation like you. But I went for VISA stamping and got it done successfully......

GOOD LUCK.....
 
imcan2006 said:
I spent a lot of time in analyzing this situvation. I can say 30 day AVR rule is all luck! because some officers doesn't know this rule. If the officer knows about the 30 day AVR rule, you should not have any problem in getting back, other wise it could be an issue. Prepare well to define your 30 day AVR rule and also make sure to carry print outs of rules regarding this rule. In case if the office doesn't know you can show it to him.

I was in the same situation like you. But I went for VISA stamping and got it done successfully......

GOOD LUCK.....
Click to expand...

Thanks for your input imcan2006.

I have the same take on AVR. I have already printed the actual rule.
Also have been going through other forums and am generally getting a good feel about it... but am still worried.

I do not want to take a chance with stamping because of certain reasons.

Will post my experiences.

Thanks.
 
Where can I get the information about this rule? I'd like to print them out and take them with me.

Thanks
 
I landed through Detroit-Windsor tunnel for landing process with expired H1B visa(It was expired 3 years ago while landing) and valid I-94,H1B approval.
Canadian immigration officer stamped my passport with date of landing.
I returned within 2 hours to USA side. At security booth security officer didn't know what to do in my case. So, he sent me to immigration office. Officer there just asked me one question 'what is your purpose of trip to canada and how long you stayed?'
And he let me in without any questions.

So automatica visa revalidation works fine for me.

Reply your exp alsp.

msukid
 
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