To Jaxen, Urgent Re: 60 day rule and I-94

M

Maui

Registered Users (C)
Hello, I am leaving soon for Canada via Michigan. My question is, if they stamp my I-94 in Michigan and allow me to enter Canada with the same I-94, will my stay in Canada not be counted in the 60 day rule before applying for change of status?

Also if I re-enter the US and then go back to Canada, but they still allow me to use the same I-94 that they initially gave me, will I have to start counting 60 days from when I first entered or from when I re-enter the US from Canada the second time (even if they don't give me a new I-94)?

I was advised by a lawyer here, but I am not sure if he is correct, that I should leave Canada as soon as I can and not cross borders at all for 60 days, or else I will go back to zero.

I am thinking about waiting out the 60 days in Canada because my sister is there, but if this is not advisable then I'll just have to live elsewhere (in the US) during the 60 days.

Please advise! Thanks!
 
No one will stamp your I-94 when you enter Canada.
You can come back to the USA using the 30 day rule( check if it is still valid after 9/11/01 ) but you will have to carry proof that you entered Canada less than 30 days ago...if you visa is not expired..then you are ok either way.
Also I think the 60 day rule you mention for COS is actually 90 days...and it applies only if you are switching from B1/B2/F1 status.
Also if you are lucky no one may notice that you have left the country but if they catch you you could be in trouble.
Always take a the most conservative way when dealing with the INS, never break/get around the law and then they never touble you as well.
 
Yes, what is the 60 day rule you are talking about and why is it relevant to your case?
 
30/60/90 day rule

My understanding of it:

The INS uses this thumb rule to decide if you are trying to get around the system..say you enter the USA on a visitor visa (B2) and then try to get admission in a university ( change ot F1 ) or get married to a citizen ( apply for AOS ) or try to get a job ( change to H1 )..then they see the amount of time that has passed between your entry to the USA and the time when you have applied for a different status:
If the time is less than 30 days : you are rejected.
between 30 to 60 days : you are under under scrutiny and will be asked to prove that you had no intention to change when you first entered the USA...tricky but do-able.
after 60( or 90 days) : no such pre-sumption of fraud is done.
 
No Maui is talking about some other rule.
For change of status it is a 90 day intent to defraud period test.
 
what is yor status now? H1? Then you can apply for a change to immigrant status from your first date of entry into US not withstanding your trip to canada.
 
I am on a B1/B2 visa then planning to change to H1. Should I just stay in the US or is it okay to re-enter Canada (for the 30/60 rule)? Thanks.
 
Will I have a problem in 485

I have visited the US in '92 '94 '96 and in '98 I opted for COS to H1 from B1/B2 after 46 days of landing. Will this be considered as a possible breach or will my earlier visits (where I returned in time) be taken into account. I have since had 2 h1s and my LC-140 have been approved - 485 in progress. Thanks for any advice.
 
tt has answered your Question in the first try Maui
Rsur if your H1 has been approved then you dont have any issues. however, Your previous B visas do not have a bearing at all on the application of the 30/60 day rule.

As a precaution lawyers make the 30/60 day as the 90 day no COS rule.
 
You must log in or register to reply here.
Top