Landing and Visa questions. Urgent!

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yimincanada88

Registered Users (C)
Hi,

I am planning to land through Detroit by car and come back the same day. I don't have a visa stamp on my passport, does the 30 days re-entry rule still apply? Do you HAVE TO go to Toronto to get my visa stamped? I entered US several years ago on F1, and later changed to H1. I have the INS approval notice, but no visa stamps on my passport.

Need reply ASAP. Urgent!

Thanks a lot.
 
H1 Visa Stamping

bhand11683 said:
30 day rule still valid
Click to expand...

Hi bhand11683,

What is the 30 day rule? Could you explain a bit more. I am in the same position.

meetme
 
u can return from canada to US on an expired visa with an unexpired I-94 within 30 days as long as you do not apply for a visa in canada and are not a part of the "state sponsored terrorist countries". This is called the contigous territory rule
 
Last edited by a moderator:
meetme said:
Thanks a lot.

meetme
Click to expand...
The rule applies for unexpired visa; but if one does not have a visa stamp on their passport (for the status corresponding to their i-94), it may not be possible to re-enter using auto revalidation
 
tusharvk,

I hope not to offend but check your sources before posting false info! I have checked with both Murthy's law office as well as Rajiv Khanna's law office.

Both have confirmed that 30 day auto revalidation is still in effect as long as you have a valid I-94(whether given by CBP(at POE) or by USCIS(with 797 approval notice). The keynote to this is you 1). must not be from one of the "state sponsors of terrorists countries" and 2). Apply for a visa in Canada and get rejected!!!.

Hope that helps



tusharvk said:
The rule applies for unexpired visa; but if one does not have a visa stamp on their passport (for the status corresponding to their i-94), it may not be possible to re-enter using auto revalidation
Click to expand...
 
Thanks for clarifying that.

just curious... then why do people who are going to canada for landing need to worry about apping for their visa if revalidation can be used for coming back. I have seen multiple posts from people who are trying to do this.

Ilwaiting said:
tusharvk,

I hope not to offend but check your sources before posting false info! I have checked with both Murthy's law office as well as Rajiv Khanna's law office.

Both have confirmed that 30 day auto revalidation is still in effect as long as you have a valid I-94(whether given by CBP(at POE) or by USCIS(with 797 approval notice). The keynote to this is you 1). must not be from one of the "state sponsors of terrorists countries" and 2). Apply for a visa in Canada and get rejected!!!.

Hope that helps
Click to expand...
 
Security Check In Canada

I am from India. I went to Vancouver consulate for my H1-B1 stamping and they marked me for the security check because someone with a similar name has a police record. Could anyone please let me know how long it takes. As per US Consulate, it normally takes two weeks and they are going to call me after they are done with it.

Please share you experience if you had one.

Thank you very much!!!
 
tusharvk,

Well probably they don't know OR they are from one of those 6 countries OR they thought they talking certain amount of risk OR probably they are CAN permanent residents returning after 30 days OR they are change of status from F1 students to H1B who have a Masters degree and who have a fare change of get stamped in canada and succussful.

What ever might be the reason, what I'm trying to say is there is still a rule that exists which people can avail.
I'm planning to expore it soon. I'm in my 7th H1B do not have a valid visa in passport and my wife is a change of status from H4 to H1B and currently working!!!. Have been too long here to take a chance.






tusharvk said:
Thanks for clarifying that.

just curious... then why do people who are going to canada for landing need to worry about apping for their visa if revalidation can be used for coming back. I have seen multiple posts from people who are trying to do this.
Click to expand...
 
Question

Hi Ilwaiting,

Does it mean I and my wife can come back to US with expired I-94s if we have valid 797 approvals (transferred H1 in my case and new F1 in my wife's case)?

I hope we don't have to get new stamping in Canada as there is high chance of refusal on F1 stamping for my wife, given that I am on H1 and have already applied for Green card.

Thanks...
 
Downinflorida,

I know for sure(since it has been confirmed by more than 2 lawoffices) it would ok to return within 30 days if you have a valid I-94. Going to your case I do not know if status change to F1 would have a I-94 attached with it!!!!.

For example If H1B is extended it would have an attached I-94 attached with form 797. A Change of status from H4 to H1 would also have an I-94.
 
Thanks for Reply

Ilwaiting said:
Downinflorida,

I know for sure(since it has been confirmed by more than 2 lawoffices) it would ok to return within 30 days if you have a valid I-94. Going to your case I do not know if status change to F1 would have a I-94 attached with it!!!!.

For example If H1B is extended it would have an attached I-94 attached with form 797. A Change of status from H4 to H1 would also have an I-94.
Click to expand...

Ilwaiting,

I just checked the F1 797 aproval notice. It does have I94 attached to it, but it says "valid for duration of status" in the valid to column. The I20 form issued from College mentions a completion of college date of 12/30/2006.
So I am thinking the F1 is valid till 12/30/2006. In the body of the approval it is clearly said that the beneficiary must get new visa stamped before entering the country.

I think I should consult an attorney. What is your take on this..

Thanks,
 
I agree. Consult an attorney, Rajiv Khannas law office charges a fee for consulation by phone.

downinflorida said:
Ilwaiting,

I just checked the F1 797 aproval notice. It does have I94 attached to it, but it says "valid for duration of status" in the valid to column. The I20 form issued from College mentions a completion of college date of 12/30/2006.
So I am thinking the F1 is valid till 12/30/2006. In the body of the approval it is clearly said that the beneficiary must get new visa stamped before entering the country.

I think I should consult an attorney. What is your take on this..

Thanks,
Click to expand...
 
downinflorida said:
Ilwaiting,

I just checked the F1 797 aproval notice. It does have I94 attached to it, but it says "valid for duration of status" in the valid to column. The I20 form issued from College mentions a completion of college date of 12/30/2006.
So I am thinking the F1 is valid till 12/30/2006. In the body of the approval it is clearly said that the beneficiary must get new visa stamped before entering the country.

I think I should consult an attorney. What is your take on this..

Thanks,
Click to expand...

You could talk to your international student office regarding this and try to save some money.
F1 status is always valid until duration status i.e. it is valid as long as you are registered with normal course load (you can check with the international student office regarding the number of credit hours) for a semester.
 
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