Reenter the US from Canada - Jim & others please help!

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Registered Users (C)
Hi there,

I have a valid I94 and expired H1b visa. Under the current rule, if I go to Canada for 3-4 days, and will NOT apply for a new visa, can I still reenter the US with that valid I94 and the expired visa? Does anybody have experience on this?

Thanks
 
So, there is no problem if the visa is expired?

Yes, i have valid I94 and I797. I remember before I can just reenter with them and the expired visa if I just went to Canada for less than 30 days.

Since there are some changes to the rule from 4/1, and I heard different interprations of that rul, I am confused if I can still do that or not..

Thanks.
 
Depends on immigration officer at port of entry

But not worth taking a chance if you are not sure.



> Effective April 1, 2002, aliens who have applied for and been refused visa issuance while outside the U.S. are prohibited from returning to the United States, even if they are in possession of a valid I-94 form. The revised regulation also prohibits aliens who are citizens of countries on the State Department\'s list of State Sponsors of Terrorism from re-entering the U.S. using solely an I-94 form if their visa has expired.

> The previous regulation allowed individuals whose visas had expired but whose I-94 forms remained valid to re-enter the U.S. without obtaining a new visa. The previous regulation made limited distinctions among citizens of various nationalities, and aliens who applied for and were denied a new visa were nonetheless permitted to re-enter the United States. The changes we are now implementing enhance border security by requiring that aliens from state sponsors of terrorism obtain a new visa (and thus go through a new set of interviews, computer checks, etc.) before re-entering the United States, and by ensuring that people who were found by one of our overseas embassies or consulates to be ineligible for a visa cannot get around such a finding by re-entering the U.S. using solely their I-94 form.
 
Take a copy of I94...

and take a copy of the INS ruling on this contigous territory law. You should be able to convince a supervisor if you are calm and state your case clearly. No worries.
 
No Title

Why don\'t you get your visa stamped in Canada,it\'s very simple process. After April 1st there are hardly any line....
Then No problem of expired visa.....
 
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