Can I return to US using my I-797 H1-B approval?

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samia

Registered Users (C)
Can I return to US using my I-797 H1-B approval?
I was put on administrative processing on Dec 18 2006 at Vancouver. This was my first H-1B stamping (my case was F1-OPT-H1B-H1B(transfer)). The VO has put a 'Canceled without prejudice stamp' on my F1 visa. But can I return using the I-797 H-1B approval since I have been in Canada for less than 30 days. I read a lot of posts where guys have returned even though they were put on admin processing ? Please advice!!!! Thanks
 
samia said:
Can I return to US using my I-797 H1-B approval?
I was put on administrative processing on Dec 18 2006 at Vancouver. This was my first H-1B stamping (my case was F1-OPT-H1B-H1B(transfer)). The VO has put a 'Canceled without prejudice stamp' on my F1 visa. But can I return using the I-797 H-1B approval since I have been in Canada for less than 30 days. I read a lot of posts where guys have returned even though they were put on admin processing ? Please advice!!!! Thanks
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No. The so called Automatic Revalidation rule is not applicable if you apply for a new visa. Now that your previous visa has been cancelled, you have to have new visa stamped on your passport.
 
Thanks for the reply ChicagoDesi. I guess I have no option but to wait for the administrative processing to be done. Thanks.
 
Scary_situa

Chicago Desi said:
No. The so called Automatic Revalidation rule is not applicable if you apply for a new visa. Now that your previous visa has been cancelled, you have to have new visa stamped on your passport.
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CHICAGO DESI,

I HAVE EXPIRED H1-B STAMP FROM MY HOME COUNTRY IN EXPIRED PASSPORT. IF THEY TAKE LONG TIME TO PROCESS MY VISA CAN I RETURN TO US WITHIN 30 DAYS FROM CANADA (SO CALLED AUTOMATIC REVALIDATION RULE). OFFCOURSE MY I-797 IS VALID. PLEASE ADVICE.

THANKS.
 
Last edited by a moderator:
Chhaya said:
CHICAGO DESI,

I HAVE EXPIRED H1-B STAMP FROM MY HOME COUNTRY IN EXPIRED PASSPORT. IF THEY TAKE LONG TIME TO PROCESS MY VISA CAN I RETURN TO US WITHIN 30 DAYS FROM CANADA (SO CALLED AUTOMATIC REVALIDATION RULE). OFFCOURSE MY I-797 IS VALID. PLEASE ADVICE.

THANKS.
Click to expand...

No. When you travel to Canada/Mexico (and do not leave that country), you can come back to USA on expired visa if I-94 (attached to I-797) is valid, provided that you do not apply for *any* visa.
 
Scary_situa

Chicago Desi said:
No. When you travel to Canada/Mexico (and do not leave that country), you can come back to USA on expired visa if I-94 (attached to I-797) is valid, provided that you do not apply for *any* visa.
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NOT A NEW VISA BUT JUST REVALIDATION.
 
you still apply for a visa... its the same thing. You go to the consulate and you give up that privelege.
 
Huh? So let me get this straight....If I have a visa that is expiring in March, and I have a new H1 valid till 2010, I can go to Canada and come back in using my new H1?

Lets assume Im going nowhere near a consulate.

K
 
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