Hi,
I spoke to my attorney yesterday, and she said returning to us within 30days from either Canada or Mexico is ok. But, only if the travel to Canada or Mexico is not for visa revalidation purposes. Here is the excerpt from their website (providing guidance to International Travelers):
____________________________________________________
How do I revalidate the visa in my passport if my old visa has expired or is about to expire?
Once your nonimmigrant status has been extended, you can obtain a new visa in several ways:
Applying for a new visa at a U.S. embassy or consulate: If you are traveling outside the U.S. you can apply for a new visa at a U.S. consulate or embassy prior to your return. Remember that you must supply the same documentation that you provided for your initial visa. Check the website for the consular post where you are applying for the latest information.
Automatic revalidation of the visa: In some cases, your nonimmigrant visa is considered automatically revalidated. That is, you will be readmitted to the United States without having to obtain a visa stamp in your passport. Automatic revalidation will occur if you have made a short trip of less than 30 days' duration to Mexico or Canada and are applying for readmission to resume nonimmigrant status in the United States. In order for this automatic extension to be valid, you must have maintained nonimmigrant status in the United States and have a Form I-94, Arrival-Departure Record, showing an unexpired period of initial admission or extension of stay in the United States. The application for readmission to the United States must occur within the authorized period of initial admission or extension of stay as shown on the I-94. In addition, you must have a valid passport. If all of these conditions are met, your visa is considered automatically extended through the date of application for readmission to the United States and you can return from a temporary visit to Canada or Mexico. If you have changed nonimmigrant status while you are in the United States, not only is the visa considered to be extended to the date of application for readmission but it is also considered to be converted to the changed status. Thus, if your visa has expired after your admission to the United States, you can travel to Canada or Mexico and be permitted to reenter the United States on the basis of a valid Form I-94. If you travel to any other country, you must apply at a U.S. consular post outside the U.S. to have your visa stamp revalidated.
There are some exceptions to automatic revalidation. Such revalidation is not available if you are applying for a new visa while traveling to Canada or Mexico; in that case, you must wait for the new visa stamp to be issued. Likewise, automatic revalidation is not available to you if you are a citizen or national of a country that the United States has designated as a state sponsor of terrorism; currently, these countries are Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, though additional countries may be added to this list in the future.
Revalidation by mail: Under prior procedures, foreign nationals holding C, E, H, I L, O or P nonimmigrant visas could apply for domestic visa revalidation in the United States by mail. As of July 16, 2004, however, the U.S. Department of State has ceased to accept most applications for visa revalidation in the United States, though it will continue domestic revalidation services for certain diplomatic and official visas in the A, G, and NATO categories. The visa revalidation program was discontinued because of increased interview requirements for visa applicants and the requirement that visas issued after October 26, 2004 contain biometric identifiers (fingerprints and facial scans). Because the State Department's Revalidation Unit is not equipped to conduct visa interviews or collect the required biometrics, the program has been discontinued. Please note, however, that visa reissuance at a U.S. consular post is still available, but will require you to submit a visa application and make a personal appearance at the consular post for interviewing and fingerprinting.
I spoke to my attorney yesterday, and she said returning to us within 30days from either Canada or Mexico is ok. But, only if the travel to Canada or Mexico is not for visa revalidation purposes. Here is the excerpt from their website (providing guidance to International Travelers):
____________________________________________________
How do I revalidate the visa in my passport if my old visa has expired or is about to expire?
Once your nonimmigrant status has been extended, you can obtain a new visa in several ways:
Applying for a new visa at a U.S. embassy or consulate: If you are traveling outside the U.S. you can apply for a new visa at a U.S. consulate or embassy prior to your return. Remember that you must supply the same documentation that you provided for your initial visa. Check the website for the consular post where you are applying for the latest information.
Automatic revalidation of the visa: In some cases, your nonimmigrant visa is considered automatically revalidated. That is, you will be readmitted to the United States without having to obtain a visa stamp in your passport. Automatic revalidation will occur if you have made a short trip of less than 30 days' duration to Mexico or Canada and are applying for readmission to resume nonimmigrant status in the United States. In order for this automatic extension to be valid, you must have maintained nonimmigrant status in the United States and have a Form I-94, Arrival-Departure Record, showing an unexpired period of initial admission or extension of stay in the United States. The application for readmission to the United States must occur within the authorized period of initial admission or extension of stay as shown on the I-94. In addition, you must have a valid passport. If all of these conditions are met, your visa is considered automatically extended through the date of application for readmission to the United States and you can return from a temporary visit to Canada or Mexico. If you have changed nonimmigrant status while you are in the United States, not only is the visa considered to be extended to the date of application for readmission but it is also considered to be converted to the changed status. Thus, if your visa has expired after your admission to the United States, you can travel to Canada or Mexico and be permitted to reenter the United States on the basis of a valid Form I-94. If you travel to any other country, you must apply at a U.S. consular post outside the U.S. to have your visa stamp revalidated.
There are some exceptions to automatic revalidation. Such revalidation is not available if you are applying for a new visa while traveling to Canada or Mexico; in that case, you must wait for the new visa stamp to be issued. Likewise, automatic revalidation is not available to you if you are a citizen or national of a country that the United States has designated as a state sponsor of terrorism; currently, these countries are Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, though additional countries may be added to this list in the future.
Revalidation by mail: Under prior procedures, foreign nationals holding C, E, H, I L, O or P nonimmigrant visas could apply for domestic visa revalidation in the United States by mail. As of July 16, 2004, however, the U.S. Department of State has ceased to accept most applications for visa revalidation in the United States, though it will continue domestic revalidation services for certain diplomatic and official visas in the A, G, and NATO categories. The visa revalidation program was discontinued because of increased interview requirements for visa applicants and the requirement that visas issued after October 26, 2004 contain biometric identifiers (fingerprints and facial scans). Because the State Department's Revalidation Unit is not equipped to conduct visa interviews or collect the required biometrics, the program has been discontinued. Please note, however, that visa reissuance at a U.S. consular post is still available, but will require you to submit a visa application and make a personal appearance at the consular post for interviewing and fingerprinting.
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