Auto re-validation of Visas

[mansamf]

Basically if your visa is expired you can still visit canada and mexico and come back without having a new visa. 

 

Anybody know about this or benefited with this ? 

 

I am sure it can be utilized for canada visitors. Question is can be it used when you got 221g while in canada ? can you come back to US in this situation ?

 

 

From US Custom and Border Protection new Rule :

>>>>>>>>

The validity of an expired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission at ports of entry. This includes cases where U.S. Citizenship and Immigration Services has changed the nonimmigrant classifications of an alien to another nonimmigrant classification. The validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of readmission and the visa may be converted as necessary to that changed classification. [22.C.F.R. 41.112(d)]

Visitors (and accompanying spouses and / or children) whose visas have expired may be boarded provided they meet the following requirements:

 

All nonimmigrants except F and J :

• Readmission from contiguous territory ( canada, mexico)

• Readmission after an absence not exceeding 30 days

• In possession of Form I-94 endorsed to show an unexpired period of initial admission or extension of stay

• In possession of a valid passport, unless exempt

• Has not applied for a new visa while abroad

• Has maintained and intends to resume nonimmigrant status

>>>>>>>>>>>>>

 

[cyrax]

Question is can be it used when you got 221g while in canada ? can you come back to US in this situation ?

 

no you cant.

[pontevecchio]

AVR has been known for a number of years. The only exception is applying for a visa in Canada or Mexico and then being denied in which case the person cannot come back. He would have to go to his home country and get a visa before returning. What part of "Has not applied for a new visa" is not clear to you?

[Indi92]

Basically if you go to canada or mexico, you can come back using auto revalidation if:

• You have an exipred visa other than the visa category you are in when travelling to canada or mexico (e.g. you came to US on F1 or B1/B2 and switched to H1B but dont have it stamped yet) and,
• if you travel for less than 30 days and,
• if you do not travel to any other country from canada and mexico and,
• if you have not applied for h1b stamping in canada or mexico during you visit and decision is not pending

I have used this process in the past and it was very straightforward. I carried all my documents with me but I was only asked for current copy of h1b approval and driving license. It took less that 15 minutes. Good Luck.

[jignesh8984]

@ Indi92

 

I had an F1 visa which is expired on 6th july, 2013. now I am on H1B visa. Next month I am going for stamping in Canada. If I don't get my visa stamped and come back to US with in 30 days. can I come to US back even if my visa didn't get stamped?

[mansamf]

@ Indi92

 

I had an F1 visa which is expired on 6th july, 2013. now I am on H1B visa. Next month I am going for stamping in Canada. If I don't get my visa stamped and come back to US with in 30 days. can I come to US back even if my visa didn't get stamped?

NO as per the replies above " Has not applied for a new visa while abroad" or "denied"

[sthamago]

@ Indi92

 

I had an F1 visa which is expired on 6th july, 2013. now I am on H1B visa. Next month I am going for stamping in Canada. If I don't get my visa stamped and come back to US with in 30 days. can I come to US back even if my visa didn't get stamped?

No You cant

[sthamago]

Basically if you go to canada or mexico, you can come back using auto revalidation if:

• You have an exipred visa other than the visa category you are in when travelling to canada or mexico (e.g. you came to US on F1 or B1/B2 and switched to H1B but dont have it stamped yet) and,
• if you travel for less than 30 days and,
• if you do not travel to any other country from canada and mexico and,
• if you have not applied for h1b stamping in canada or mexico during you visit and decision is not pending

I have used this process in the past and it was very straightforward. I carried all my documents with me but I was only asked for current copy of h1b approval and driving license. It took less that 15 minutes. Good Luck.

how about the I 94 will that be collected and given a new I 94 with I 797 end dates?

[JoeF]

how about the I 94 will that be collected and given a new I 94 with I 797 end dates?

When going to Canada, the I-94 is not collected.

However, if you go for stamping in Canada, the consulate will collect the I-94.

[sthamago]

When going to Canada, the I-94 is not collected.

However, if you go for stamping in Canada, the consulate will collect the I-94.

What if some one just enter the border and return back without stamping. what happens in that scenario 

[JoeF]

What if some one just enter the border and return back without stamping. what happens in that scenario 

As I said, then the I-94 is not collected, and AVR means that the person can just return to the US.

[sthamago]

As I said, then the I-94 is not collected, and AVR means that the person can just return to the US.

So no change for the existing I 94's 

[JoeF]

So no change for the existing I 94's 

Correct.

[sthamago]

Correct.

Kool. Thank you

[Gangavas]

I would like to extend the question in regards to this Contiguous Territory Rule/ Auto Re-validation rule. Please help me out here

 

I am on my H1B Status having a valid I-797  but no Stamp on passport). Based on this rule, I am glad to know that I can Re-enter USA within 30 days but here is my actual question.

5 months ago I filed an amendment for client and location change but, thats not yet approved because of USCIS delays these days. 

 

Can I re-enter US with my Current I-797 even though my Amendment is not approved Yet?