Landing in Canada - Contiguous territory rule!!!

J

Jaggy

Registered Users (C)
consider the case of an individual "X" who has an unexpired H4 visa and a later approved H1B approval notice with I94 card attached and wishes to travel to Canada for landing purposes and come back to U. I485 has been filed for "X"

"X" should be able to show both the H4 visa AND the new H1B approval notice with the I-94 attached at the bottom, to enter the US. "X" should not require a new H1B visa as long as the visit is less than 30 days. However, "X" absolutely MUST NOT represent that he/she is in H4 status. He/She is entering in H1B status,as shown by the new I-94 and approval notice, but due to the "contiguous territory rule", provided the visit is less than 30 days he/she can use the old visa from the previous category to enter, along with the new I-94.

Any thoughts on the above is it true?????
 
You should be fine, however, your exact luck will depend on your immigration officer. My officer clearly told me that in order to revalidate you with change of status, you MUST have the original, white, I-94 given to you at entrance. Another officer I talked to said that there would be no reason for you to still have your original I-94 and it might actually create more problems. Best solution is to keep you original white I-94 (in addition to change of status I94) in your pocket; if they want it, flash it to them. Otherwise you seem ok to revalidate.
 
thanks a lot for your advice. I am also planning to keep copies of all the 3 I94 cards that we have as advised by my lawyer. So even if they take our I94 we have copies of the same. But the law states that you are not supposed to handover your I94 cards but do you think they will still ask me to give it to them, I am planning to fly through delta
 
Flying is a hit or miss situation because some airline personnel may not be familiar with the fact that you can keep your I-94 when going to canada. I would take the I94 out of the passport. I gave my I-94 before I boarded because I was going to use my visa to re-enter, but the sterwardess brought it back to me saying that I might need it to re-enter, and I took it back.
 
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