Can I come back to USA if i get 221g


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Hi All,

My name is Chirag I am in USA and i am plaaning to go to canada for my H1b stamping can i drive back to USA if i get 221g or i have to go to my Home country?

Please help...

Thanks,

Chirag

No you cannot. You need valid visa to enter into US.

If people can enter with 221g then what's the need to attend for visa interview?? Think practically dude...!!!!!

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Hi All,

My name is Chirag I am in USA and i am plaaning to go to canada for my H1b stamping can i drive back to USA if i get 221g or i have to go to my Home country?

Please help...

Thanks,

Chirag

Yes you can come back as long as you have complete I-797 original including the bottom part(I-94), passport and the I-94 issued when entering USA

You can contact the border department before you make any travel plans.

I got a 221g admin processing the VO didn’t take any documents so I came back and this was my 1st H1B stamping previous I was on F-1 but the visa was expired,

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According to the rules...You can get back in USA even if your visa is expired, if you have the complete I-797 original including the bottom part(I-94) and you have traveled out of USA by road and is coming back within 21 days without attending the visa. Many people are taking this rule as advantage and getting inside USA when VO gives your I797 without removing I94 and passport back without cancelling expired F1/H1 visa. Its a risk personally I feel. It might come under fraud.

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Yes you can come back as long as you have complete I-797 original including the bottom part(I-94), passport and the I-94 issued when entering USA

You can contact the border department before you make any travel plans.

I got a 221g admin processing the VO didn’t take any documents so I came back and this was my 1st H1B stamping previous I was on F-1 but the visa was expired,

That's fraud I guess. You should not enter the country if you don't have a valid visa. Yes you can come back to US from Canada, if your purpose of visit is tourism (Automatic Re validation) and you did not attend visa interview. If you have attended the interview, you should not be using that option. I guess you are out of status at this moment, if you are still in the country.

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According to the rules...You can get back in USA even if your visa is expired, if you have the complete I-797 original including the bottom part(I-94) and you have traveled out of USA by road and is coming back within 21 days without attending the visa. Many people are taking this rule as advantage and getting inside USA when VO gives your I797 without removing I94 and passport back without cancelling expired F1/H1 visa. Its a risk personally I feel. It might come under fraud.

Can you share the link of the above rule which you have mentioned??

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Yes. I am correct call the border department and confirm with them. But you need to have you complete I-797 inculding the bottom portion(i-94)

In my case after the VO issued 221g he said then i can go back to US and wait for the responce

If that's the case then what is your current VISA status when your F1 is expired??

Obviously you didn't use AVR since you attended for visa interview in Canada.

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Yes. I am correct call the border department and confirm with them. But you need to have you complete I-797 inculding the bottom portion(i-94)

In my case after the VO issued 221g he said then i can go back to US and wait for the responce

This is not right. The rule clearly states that you can use AVR as long as your visit to Canada isn't for visa purpose. Currently you are out of status, no matter what the border control told you. They probably were not aware that you visited for visa purpose. I don't think the visa officer would have told you to go back to US and wait. No US visa officer would say that. When I attended the interview in Mexico, the officer clearly said that "You would need Visa to enter US" jokingly when I told him that I am visiting there from the US. So there is no way that you could enter without a visa stamp.

"Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation." taken from US department of state website.

Please don't spread wrong information online. If you got away does not mean everyone should do it. We don't want a bunch of people getting deported.

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This is not right. The rule clearly states that you can use AVR as long as your visit to Canada isn't for visa purpose. Currently you are out of status, no matter what the border control told you. They probably were not aware that you visited for visa purpose. I don't think the visa officer would have told you to go back to US and wait. No US visa officer would say that. When I attended the interview in Mexico, the officer clearly said that "You would need Visa to enter US" jokingly when I told him that I am visiting there from the US. So there is no way that you could enter without a visa stamp.

That's correct.

This guy is staying in US illegally as per the immigration rules.

If people can enter into US without valid visa then what's need of attending visa interview??

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Rahul412 : i agree your reasoning . But there might be some info which we might not be knowing other wise how could some one get in to country with expired visa. And US border is not so unsecure that any one with expired visa gets in side.

So i would suggest every one to check for more info as if there is a possibility of getting in then it would help lot of people who are waiting out side with out no reason .

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@ Chirag Here is the two scenario for H1B stamping from Canada.

1, If you get H1B stamped than you can travel to USA.

2, But you are refused than use have to options in your hand as below.

1) Stay in Canada till your 221g clear out (I think in this option you get Leave problem from

Client)

2) left Canada and go your home country (ONLY If you have Multiple Entry visa for Canada) Clear

your 221g from home country. Once you get email from US Consulate like "Submit your

Passport to US Consulate) than travel to Canada.

Thanks,

Shreeji

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Obviously they will let you in as they would not have any clue about your Visa interview. Did you explicitly tell them that your purpose of visit was for visa stamping and your visa has been put on hold? If you go by road and return within few days the US border security will think that you have been there for vacation since you had your I797 with you.

I hope that some attorney here comes and clarifies this point on this forum or with an article, so that we don't have people following this method to get into US. I am sure that you don't have a valid status in the US and you cannot work.

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