Applications filed through NS --> Buffalo (Filed from USA)

[smallduck]

Hi Nmat,
I have a question looking at your statements , is it possible that i can renter US even if my visa experied. Presently i am on F1 and my visa is experied but i am maintain g my status as on my I 94 it says duration of status. So can i complete my landing process in canada and come back to US without even going for visa stamping if i have valid i 20


Thanks

You will be ok with valid i20 and expired F1 visa. Just make sure they didn't take your i94 when you're leaving US. I'm now in F1 too and I confirm with my university about the immigration issues.

 

[sazid]

You will be ok with valid i20 and expired F1 visa. Just make sure they didn't take your i94 when you're leaving US. I'm now in F1 too and I confirm with my university about the immigration issues.

hi small duck,

thanks for the imformation.

 

[gmr]

You should have got it or will get it pretty soon, although it would have been easier to predict if your detailed timeline was known. BTW why did you do 2nd medical, for any further tests?

Could you pls comment.... Below is my timeline

My second medical was done due x-ray problem done by the technician.The doctor advised to do an ECHO and the report turned out to be normal. Still it says IN PROCESS. Below is my time line.

Pls Comment


We received your application for permanent residence on June 22, 2009.

We reviewed your application and sent you a letter on September 11, 2009. Please consider delays in mail delivery before contacting us.

Your application and supporting documents were received by the Los Angeles office. They are pending review.

We transferred your application to the Los Angeles office on September 15, 2009. The Los Angeles office may contact you.

We transferred your application to the Los Angeles office on April 13, 2010. The Los Angeles office may contact you.

Your application was reviewed and we started processing on May 3, 201

 

[AvayaLenovo]

Hey guys,

I have the same question because my visa will be expired before my landing. I plan to do two things separately. First, I will complete the landing, keeping my I-94 attached to the passport and I will be back to US less than 30 days with AVR. Then I'm going back to can to get the new US visa, it shouldn't be more difficult in Can than your home country. My friend get his US visa in Can twice (he got multi-entry tourist Visa to Can) without any difficulties.
Anyway, I just want to point out that we shouldn't mix thing up, finish the task one by one. We are not the only ones, there are thousand and thousand of similar situations happened before I guess .
Per AvayaLenovo list of items. I guess I will bring cash + traveler check on my first landing to open bank account, credit card and SIN, insurance etc. Then I will come back to US to put my asset on liquidation, then move myself to Can on the REAL landing .
Keep on brainstorming, I'm glad to share my thoughts here.

I'm actually on L1 visa which has expired last March 2010. However, I have a new I-797 (notice of action) valid up to March 2012. I'm not sure what we mean by valid I-94. Isn't the expiry date on the I-94 the same date as your visa? So, my I-94 has also expired last March 2010. Do you think I can avail of AVR?

 

[garian4u]

I'm actually on L1 visa which has expired last March 2010. However, I have a new I-797 (notice of action) valid up to March 2012. I'm not sure what we mean by valid I-94. Isn't the expiry date on the I-94 the same date as your visa? So, my I-94 has also expired last March 2010. Do you think I can avail of AVR?

AvayaLenovo, with your I-797 C, a new I-94 would have come too (same number but with an extended expiry date i.e. March 2012). That is your valid I-94, but if you got your extension while in the US itself, then that means your visa didn't get renewed. For getting a valid new visa, you have to leave the country and based on your I-797C get the new visa stamped (it will have the same validity or expiry as your I-797C). You cannot get a US visa while in the US. I am also on L1 and my L1 visa actually expired in November 2008, since then I am on I-94 extension.

 

[AvayaLenovo]

AvayaLenovo, with your I-797 C, a new I-94 would have come too (same number but with an extended expiry date i.e. March 2012). That is your valid I-94, but if you got your extension while in the US itself, then that means your visa didn't get renewed. For getting a valid new visa, you have to leave the country and based on your I-797C get the new visa stamped (it will have the same validity or expiry as your I-797C). You cannot get a US visa while in the US. I am also on L1 and my L1 visa actually expired in November 2008, since then I am on I-94 extension.

Yes, that's also what I know...that I need to get out of US to have a new visa and upon returning, will have a new I-94. My extension was filed and approved while I'm still in the US, and I have never left US since. I didn't receive a new I-94 when the petition for extension got approved. Did you get one? I thought you only get I-94 when you enter the US again? I'm getting confused, obviously -- how one can have a valid I-94 and expired visa. So does this mean I can't avail of the AVR since I don't have a valid I-94?

 

[nmat]

You will be ok with valid i20 and expired F1 visa. Just make sure they didn't take your I94 when you're leaving US. I'm now in F1 too and I confirm with my university about the immigration issues.

What I know is that, For the automatic visa revalidation, you should be on the same type of visa with which you entered US (to get the I94). So to enter the US initially, you should have a stamped visa. When we extend that visa after the expiry, we get a new I-797C with an I-94 (both I-94 will be same no). Then we can enter US back with in 30 days from Canada.

Assume I entered US using H4, later I changed to H1 within US. I didn't stamp H1 visa and it expired. Now I have I97C and I94. In this case I cannot use the automatic visa revalidation.

This is my understanding I got from various forums.

 

[nmat]

Yes, that's also what I know...that I need to get out of US to have a new visa and upon returning, will have a new I-94. My extension was filed and approved while I'm still in the US, and I have never left US since. I didn't receive a new I-94 when the petition for extension got approved. Did you get one? I thought you only get I-94 when you enter the US again? I'm getting confused, obviously -- how one can have a valid I-94 and expired visa. So does this mean I can't avail of the AVR since I don't have a valid I-94?

AvayaLenovo,
You should have got a valid I-94 with the extension notice. It is there in the bottom part of I797C. That I94 and the I94 we get upon arrival should be of the same number.

I am also like this. Entered US in 2007 on H1, got the H1 extended, so now have a stamped H1 visa expired on 2008, I94 (original expired on 2008) + 1797C new with an expiry date in 2010 and in the bottom part of I797C, an I94 which has an expiry date in 2010 + another renewal + 1797C new with an expiry date in 2011 and in the bottom part of I797C, an I94 which has an expiry date in 2011 . All the I94 have the same number.

 

[AvayaLenovo]

What I know is that, For the automatic visa revalidation, you should be on the same type of visa with which you entered US (to get the I94). So to enter the US initially, you should have a stamped visa. When we extend that visa after the expiry, we get a new I-797C with an I-94 (both I-94 will be same no). Then we can enter US back with in 30 days from Canada.

Assume I entered US using H4, later I changed to H1 within US. I didn't stamp H1 visa and it expired. Now I have I97C and I94. In this case I cannot use the automatic visa revalidation.

This is my understanding I got from various forums.

Where do you get the new I-94? Nothing came with my I-797C...I think this is where my confusion lies. I'll probably ask my company's lawyer.

My visa is the same as when I initially entered US.

 

[nmat]

Where do you get the new I-94? Nothing came with my I-797C...I think this is where my confusion lies. I'll probably ask my company's lawyer.

My visa is the same as when I initially entered US.

Did you get the I797A? What is there in the bottom part of I797A?

Sorry it is I797A - Notice of Action .

I797C is the receipt of acceptance.

 

[AvayaLenovo]

AvayaLenovo,
You should have got a valid I-94 with the extension notice. It is there in the bottom part of I797C. That I94 and the I94 we get upon arrival should be of the same number.

I am also like this. Entered US in 2007 on H1, got the H1 extended, so now have a stamped H1 visa expired on 2008, I94 (original expired on 2008) + 1797C new with an expiry date in 2010 and in the bottom part of I797C, an I94 which has an expiry date in 2010 + another renewal + 1797C new with an expiry date in 2011 and in the bottom part of I797C, an I94 which has an expiry date in 2011 . All the I94 have the same number.

Oh I see. I guess I have to check my I-797A. Sorry, I wasn't paying attention to all its parts. Maybe because I'm used to seeing I-94 as the white card we fill up upon entering US. I didn't know that there's I-94 at the bottom of our I-797A. Thank you smallduck and nmat! I will let you know my progress...

Well, if I can avail of the AVR...I will probably use that for my landing. You don't know how you, people are so valuable here!

 

[garian4u]

Oh I see. I guess I have to check my I-797A. Sorry, I wasn't paying attention to all its parts. Maybe because I'm used to seeing I-94 as the white card we fill up upon entering US. I didn't know that there's I-94 at the bottom of our I-797A. Thank you smallduck and nmat! I will let you know my progress...

Well, if I can avail of the AVR...I will probably use that for my landing. You don't know how you, people are so valuable here!

Exactly. nmat has said correct. It's in the bottom part of the renewed I-797. I was on L1, and got this when my extenswion came. You can detach the I-94 from there and affix that on your passport to replace your expired I-94.

 

[smallduck]

Yes, that's also what I know...that I need to get out of US to have a new visa and upon returning, will have a new I-94. My extension was filed and approved while I'm still in the US, and I have never left US since. I didn't receive a new I-94 when the petition for extension got approved. Did you get one? I thought you only get I-94 when you enter the US again? I'm getting confused, obviously -- how one can have a valid I-94 and expired visa. So does this mean I can't avail of the AVR since I don't have a valid I-94?

For my current status, F1 Visa exchange student with valid I-20 (expired in 2012), I-94 with D/S (Duration of status ->2012) on it and expired F1 Visa => I'm LEGALLY residing in US. I was never on L Visa, so I don't have any further comment.

 

[AvayaLenovo]

Thought of just letting you know...
The following has been added to my e-cas today:
DECISION MADE

A decision has been made on your application. The office will contact you concerning this decision.

I've got my PR stamped last Oct. 21.

 

[garian4u]

Thought of just letting you know...
The following has been added to my e-cas today:
DECISION MADE

A decision has been made on your application. The office will contact you concerning this decision.

I've got my PR stamped last Oct. 21.

And ditto for me today "Decision Made". The following lines were added:
Medical results have been received.

A decision has been made on your application. The office will contact you concerning this decision.

Important point to note is of the "medical results" note. Never before today was this line added.