coming US using I-94

calander

New Member
I am now in US. My H-1 visa sticker has expired. Now I am planning to use the I-797 and I-94 to return US (within 30 dyas) after I go to Canada. Did any of u guys do that recently? Any problems encountered? Any special document may needed (besides employment letter, old immigration related stuff, W-2 s, etc)? Thanks.
 
You should be able to return without a stamp before March 17th. If you plan to return on or after March 17th then you need a valid Visa stamp in your passport. There are no exceptions!!
 
I disagree !!!

Vault,

My lawyer thinks that the "Automatic revalidation of Visa" still holds good if you are coming back to the USA within 30 days and meet other requirements of the "automatic revalidation" rule. He thinks that having a Canadian PR stamp on the passport should not change anything. The new rule for PRs to have visa applies to anyone that tries to enter USA from Canada on a fresh visit .... not returning to usa after a short visit to canada.... EVEN AFTER MARCH 17 !!!!

did anyone else's lawyer give an different view ?

... dildar
 
Re: I disagree !!!

Originally posted by dildar
Vault,

My lawyer thinks that the "Automatic revalidation of Visa" still holds good if you are coming back to the USA within 30 days and meet other requirements of the "automatic revalidation" rule. He thinks that having a Canadian PR stamp on the passport should not change anything. The new rule for PRs to have visa applies to anyone that tries to enter USA from Canada on a fresh visit .... not returning to usa after a short visit to canada.... EVEN AFTER MARCH 17 !!!!

did anyone else's lawyer give an different view ?

... dildar

Thats interesting!! Thats not waht I was told by the law firm's attorney retained by the company I work for. Yes, your attorney is correct in saying that " having a Canadian PR stamp on the passport should not change anything". However, if you are a British Commonwealth Citizen, then you need to have a valid visa stamp to enter the US on or after March 17th. It dosen't matter if it's a first visit to the US or a return after a short visit.
 
that's interesting

That's interesting !!! Two lawyers giving two different interpretation !!! Anyway that's what law is ... ambiguous :D

Anyway , this guy is a regional rep of AILA and I would assume that he will be pretty sure of what he is talking about ...... don't know what would be a good step ... I will probably go to india and get a new stamp ...... anyway other people's experience after 03-17 will tell the true picture. The INS guy at the detriot tunnel thought that the 30-day rule might still be valid after march 17 .. but he was not sure.

..... dildar
 
I studied the regluation regarding that 3/17 change, and assumed dildar is right, ie, the automatic visa revalidation will be still valid for I94 holders. But our understanding does not count :(
Need to be careful.
 
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