Re-Entry from Canada without stamp

Z

ziv711

Registered Users (C)
Hi everyone and thanks for all the great information.

Hi everyone,

I originally posted this in the Canadian Consulate Experience thread, but noone replied, so I figured I'd post my message here:

My situation is as follows:

Last entry to US on F-1 in 1997. Since then switched to H-1B, and now I am with 3rd company on H. I didn't go outside the US but have always maintained legal staus (H). The reason I chose to not get a visa was that I am avoiding the "Have you ever been arrested question" which I would have to answer "Yes" to. (small mishap back in 1995 - file got expunged via a "first offender" program - there was no conviction.)

My question is that I would like to attend a professional conference in Canada in November. Can I go to Canada and back without applying for a visa and enter the US only with the latest approval notice?

Thanks for your help.
 
ziv711 said:
Hi everyone and thanks for all the great information.

Hi everyone,

I originally posted this in the Canadian Consulate Experience thread, but noone replied, so I figured I'd post my message here:

My situation is as follows:

Last entry to US on F-1 in 1997. Since then switched to H-1B, and now I am with 3rd company on H. I didn't go outside the US but have always maintained legal staus (H). The reason I chose to not get a visa was that I am avoiding the "Have you ever been arrested question" which I would have to answer "Yes" to. (small mishap back in 1995 - file got expunged via a "first offender" program - there was no conviction.)

My question is that I would like to attend a professional conference in Canada in November. Can I go to Canada and back without applying for a visa and enter the US only with the latest approval notice?

Thanks for your help.
Click to expand...
----- you must talk to good lawyer, It seems to me that you need Canada Visa to enter Canada and US h1 Visa stamp to renter US from Canada
 
22 Cfr 41.112

Thanks.

I found the rule in the CFR saying if you go out of the US for up to 30 days to a contiguous territory (e.g. Canada), you should be able to come back into the US as long as you have a valid i94 (could be part of 797), and you did NOT apply for a visa while out of the US. The rule says that it's OK to have an expired visa (even of a different type) as long as you've maintained legal status while in the US and intend to resume the non immigrant status on the valid i94.

Does anyone has experience testing this? Any problems encountered at POE?

Thanks.
 
Rule from USCIS website

I would think if I access the rule from the USCIS website I would get the most updated version (but who knows...).

In any event, the rule that I'm looking at does mention that it doesn't apply to people from countries that sponsor terrorism. I think that was the 2002 change. This would make the rule still applicable to people from other countries, wouldn't it?
 
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