Visiting Canada

V

violato

New Member
Let me explain a bit about my situation first. I was a student in US, I graduated with my Bachelor Degree in 2005 and with Master Degree in 2007. I have an expired student visa in 2005 and that was the last time I visit Canada, my old passport also expired in 2005. Since then I have received a new passport that expired in April 2008 and I just extend that passport until April 2010. There are no visa / stamps in my new passport since I never go outside the US since 2005.

I received my H1-B last year and I have the original I-797 form with me. I will not go for visa stamping while I'm in Canada, I just want to travel for leisure. Also note that I'm in special registration although I'm not a citizen of Iraq, Iran, Syria, Libya, Sudan, North Korea or Cuba. Do you think there will be an issue coming back to US using the automatic visa revalidation rule that they currently have?

My only concern is because I have an EXPIRED student visa in my EXPIRED passport. Although right now I have a new valid passport and a valid I-797 form. I already did COS over the mail, so I believe when I come back to US, I'm still under H status although I enter using my expired student visa, right?
 
I think you are good to go (assuming your home country is not a sponsor of international terrorism) ... you already have the new I-94 along with the I-797 approval notice. FYI - if you travel by car, the border authorities will not take away the I-94 and you can use that to re-enter. Also carry all the passports (both expired and valid ones). Please check here for details on AVR.
 
Thanks for the answer. I appreciate it. Yes, I will travel to Canada by car. I just need to make sure they won't take my I-94 upon my departure.
 
another question... so since I have 2 I-94. One when I just come to US as a student with student visa and another one is the one I received when I do Change of Status via mail. Should I allow the border patrol to take my old I-94 when I leave US? I know I should not give the new I-94 to them... or should I just keep both of them? Thanks.
 
violato said:
another question... so since I have 2 I-94. One when I just come to US as a student with student visa and another one is the one I received when I do Change of Status via mail. Should I allow the border patrol to take my old I-94 when I leave US? I know I should not give the new I-94 to them... or should I just keep both of them? Thanks.
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Doesn't matter as old I-94 has no value anymore. If they want to take old I-94, let them take it, but I bet they wont do that.
 
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