Good news for HIB holders----please confirm

J

Jalma

Registered Users (C)
We got immigration update from our International Center today which mentioned that H1-B holders can still re-enter US from canada and mexico with an approved I-797 notice, please confirm with your attorneys and give your suggestion. Read this..... I hope this is correct.........


RE-ENTRY INTO THE U.S. FROM CANADA WITH EXPIRED U.S. VISAS NO LONGER PERMITTED

It is no longer legal for J and F visa holders to travel to contiguous territories with an expired visa stamp with an immigration document (IAP-66 or I-20) that has been signed by the International Center within a six-month period. A new law dictates that if you leave the U.S. to travel to a contiguous territory and you apply for a new visa and you do not secure your new visa, then you will NOT be able to return to the U.S. You will have to return to your home country to get a new visa.

If you are a national from one of the following countries: Iraq, Iran, Syria, Libya, Sudan, North Korea, Cuba, then you are not eligible to get a new visa in a contiguous territory. You should only apply for a new visa in your home country.

Note: H-1B Visa Holders re-entering the United States from either Canada or Mexico are allowed to enter the United States with an expired H-1B visa stamp provided that you are re-entering within a 30-day period and have a valid passport. Canada and Mexico, however, are the ONLY two contiguous territories that allow H-1B visa holders to re-enter with expired H-1B visa stamps.
 
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Hi

This law has been in effect since April 1 2002. You are not allowed to re enter USA in absence of a stamped visa only if

(1) You apply for a visa at a US post while in Canada or Mexico and the visa is denied or you are asked to wait while they check your background. Technically wait period is considered a refusal and it is overcome when you are given a Visa Stamp.

(2) You are a citizen of one of those seven countries which are listed as states sponsering terrorism.

If an F1 do not apply for a visa while in Canada or Mexico or certain carrabian islands he is cosidered eligible for automatic revalidation.
 
I forgot to mention that same rule applies to H-1 B status holders. If you are a H1B and refused a visa in Canada or Mexico you cannot reenter US. There is no distinction between non- immigrant status as far as this rule is concerned.
 
Well if you are denied Hi-B visa stamp after you apply, then they will certainly not allow you to enter.

The above information is for the people having H1-B (I-797) approval notice and re-entering US withing 30 days after visiting canada. Though the canadian PR entering US required to have Visa stamp on their passport after March 17, 2003, But I don't think it is clear for HI-B visa holder.

Hey siyyid, Can you please provide me the link where I can confirm your statement. Since I would like to know for certain what is the fact. Other guys also shed some light after confirming from your attorneys.

Thanks
 
Hi Jalma

The difference is that prior to April 1 2002 you could re enter USA even if you were unsuccessful in getting a visa stamped. Not any more. Pl visit the following sit

http://travel.state.gov/state50158.html

If you type 'Automatic revalidation of Visa' in google search you will visit scores of related sites.
 
I think from March 17, 2003, all landed immigrants in canada willing to enter to USA on non-immigrant basis should have valid visas. Please correct me if I am wrong.
 
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