Re-entry to US in Canada border- is 30 day automatic revalidation rule still valid?

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mech_engr

New Member
Hi all
I am working professional here on H1B. I came to US on H1 visa around 5 years ago , changed the status to student F1 status in 2002. After graduating with MS degree I am back to H1 now, since May 2004. The H1 visa stamp in my passport expired on March 31, 2001. I have not gone out of US since 2000, but extended /changed my status and legally maintained it .
I need to go to Canada on an urgent visit in May 2005 for a week and need to come back to work here. Recently, I came to know that one can return to US from Canada with the expired H1 visa stamping in the passport, old I-94 and the new H1 approval notice (with INS issued I-94)- according to a automatic 30 day re-entry rule between US and Canada. Is this rule still valid? Or any chances of US border officials refuse me the re-entry mentioning that I don't have the latest H1 visa stamped in my passport?

I would appreciate your advice in this regard.
 
mech_engr said:
Hi all
I am working professional here on H1B. I came to US on H1 visa around 5 years ago , changed the status to student F1 status in 2002. After graduating with MS degree I am back to H1 now, since May 2004. The H1 visa stamp in my passport expired on March 31, 2001. I have not gone out of US since 2000, but extended /changed my status and legally maintained it .
I need to go to Canada on an urgent visit in May 2005 for a week and need to come back to work here. Recently, I came to know that one can return to US from Canada with the expired H1 visa stamping in the passport, old I-94 and the new H1 approval notice (with INS issued I-94)- according to a automatic 30 day re-entry rule between US and Canada. Is this rule still valid? Or any chances of US border officials refuse me the re-entry mentioning that I don't have the latest H1 visa stamped in my passport?

I would appreciate your advice in this regard.
Click to expand...
You can enter using the "automatic reval" process as long as you meet all of these 3 conditions
(1) Trip < 30 days
(2) You did not apply for a visa in one of the US Consulates in Canada (& it got rejected).
(3) Not a citizen of the countries identified as supporting terrorism

Of course, if you applied for a visa and it got approved, you're obviously ok to re-enter too :D

EDIT: See here for details.
 
Last edited by a moderator:
Hi Max2k1
Thanks for the reply. I just came to know that- according to the new US VISIT rules started in Dec 2004, the non immigrants (and some immigrants too) need biometric visa (finger prints) to enter US. US-VISIT rules state that finger prints will be taken at time of next issuance of I94 (I assume this means at time of visa stamping at embasy or consulate) or at discretion of Customs or Border Protection Officer. So does this mean that the border official may or may not allow me to enter though having the H1 approval notice/ extension papers with INS isssued I-94. (along with the expired, white I-94 ) ? This is little confusing. Please see the link-
http://www.dhs.gov/dhspublic/interapp/content_multi_image/content_multi_image_0006.xml.
Please see Canadaborder..pdf file in it. Can you throw some light on this ?
 
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