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Can i travel back with H1B paper back to US after landing in canada without visa

varmaforu

Full Member
Jan 27, 2010
45
0
Hey All,

I got my passport request from NY. My H1B visa stamp is expired in passport. Am i eligible to come back to US without valid US Visa in Passport ,if i have a valid H1b Approval (I-797) or do i definetly need to get the new visa stamped in US Consulate in canada before i travel back to USA ?

Any input on this is much appreciated.

Thanks.
 

okwama2002

Star Member
Mar 6, 2011
72
0
Re: Can i travel back with H1B paper back to US after landing in canada without

You cant my idea, make an appointment with the nearest us consulate to where you will land then after landing go to the embassy for a us visa interview. Goodluck
Barrack
 

canadiens

Star Member
Apr 18, 2009
80
5
varmaforu said:
Hey All,

I got my passport request from NY. My H1B visa stamp is expired in passport. Am i eligible to come back to US without valid US Visa in Passport ,if i have a valid H1b Approval (I-797) or do i definetly need to get the new visa stamped in US Consulate in canada before i travel back to USA ?

Any input on this is much appreciated.

Thanks.
You can use Automatic Visa Revalidation if you are planning to come back to US within 30 days. Here is the link:
http://travel.state.gov/visa/temp/info/info_1299.html
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
 

AlbertaGovernor

Hero Member
May 29, 2009
748
277
Job Offer........
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If you are planning to re-enter on AVR, you got to keep in mind that you dont surrender your I-94 at the border when you are leaving the US. Incase your passport was renewed and your visa stamp is on the old passport, you need to carry your old passport along. Other than that nothing much. Having an employment verification letter could help.

One thing to note is that a lot of immigration officers are new and some dont know about AVR. If you come across one that doesnt then just ask him/her to go inside and check with the supervisors. To be safe you can carry the print of the telegram.



Automatic Visa Revalidation

US Department of State regulations permit certain non-immigrants to re-enter the United States after a 30-day or less visit to Canada, Mexico, or other adjacent islands (other than Cuba) without having to obtain a new visa prior to re-entry. This is called automatic visa revalidation (AVR).

Automatic revalidation applies in two ways.

1. If you have a visa sticker in your passport that matches your current status, but has expired, that visa sticker is considered to be automatically revalidated to a current date for your return to the U.S.

2. If you have changed status while in the U.S., and you have a visa sticker that matches your old status (either expired or unexpired), that visa sticker is considered to be automatically changed to a stamp matching the new status and revalidated to a current date for your return to the U.S. even though it is not the same as your current status and has, perhaps, expired.

Individuals seeking to benefit from this provision must retain their I-94 when leaving the U.S. as it is essential for re-entry. In addition, all other travel documents relevant to the particular status (passport, DS-2019 for J-1s, I-797 for H-1Bs etc.) must be carried and properly endorsed. When requesting a travel letter from the International Services Office, please state that you will be using the AVR program so your letter may reflect this.

Individuals traveling on passports issued by Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba may not benefit from this provision. Anyone who is visiting Canada or Mexico in order to apply for a new visa may no longer benefit from automatic revalidation. Please note that persons in H status are only eligible for automatic visa revalidation in Canada and Mexico and not in the adjacent islands. Check the U.S. State Department Website for the most recent information.

Telegram
You can print telegram from following link,Its good to have with you in case IO is new and now aware of AVR rule.

http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html