returning from canada

[djit71]

Hi
I changed my status from F1 to H1 last year. I do not have H1 stamp in my passport. Now my company want me to attend a show and seminar in Toronto. Can i return from canada to US without visa stamp. I mean if i do not apply for a visa at US consulate in Canada, is it possible to come back, or are there any risks involved if i go for stamping in Canada. I am here in US for more than 3 years!! Please help

 

[lifeeverywhere]

same situation here

I am facing the same situation here.
Last time I entered US on F-1 visa stamp.
Since then, I went through F1-OPT-H1B. Never over stay or
out of status. The visa stamp (F1) on my passport
had long expired.

I want to visit my brother in Canada in November.
I perfer to re-enter US with I-94 + H1B approval.
(without going to US consulate for a visa stamp)

One potentially applicable regulation I could found is
22 CFR 41.112

http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=22&PART=41&SECTION=112&YEAR=2002&TYPE=TEXT

I feel that (d)(1)(ii) apply to our case, i.e.,
automatic revalidation of visa with classification change.

However, I don't know any people who did this before.

So, experts, please provide your thoughts.
Or, anyone knows such cases, please let me know
whether this is doable, and what documents and question
INS ask at the Port of Entry.

Thanks ahead.

 

[Raj1994]

If the trip to Canada is less than 30 days, and you do not apply for a new visa (or if you apply, and get the visa), then you can re-enter the US. See http://usembassy.state.gov/seoul/wwwh1460.html

But citizens of certain countries may find it very difficult to re-enter (iran, iraq etc.)

Not legal advice.

 

[lifeeverywhere]

Hi djit71,

Could you kindly share your trip experience when you
return from Canada? Thanks in advance.