US H-1B Auto Revalidation at Border


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viren_k   
Member since: Mar 05
Posts: 7
Location:

Post ID: #PID Posted on: 03-04-05 01:08:53

Anybody in this forum to share their Auto Reval experience at the border post.
Indian having H1-B.I-797 and I-94 valid until Oct 2005.landed in toronto from USA as an immigrant on 30th of march,2005 and wants to go back to US using revalidation since my Previous visa expired and has a CANCELLED WITHOUT PREJUDICE stamp on the visa when i sent it to St Louis for stamping.Can i still use the Automatic Revalidation with Valid I-94.i am going back within 30 days in my car through rainbow bridge.

you quick response is highly appreciated



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 03-04-05 09:19:42

Yeah, you can use Automatic Visa Revalidation at the Canada-US border when driving.

Quote:
Orginally posted by viren_k
Previous visa expired and has a CANCELLED WITHOUT PREJUDICE stamp on the visa when i sent it to St Louis for stamping.

If you sent it there, haven't they stamped the new visa on the passport?
Are you saying that they stamped the "Cancelled without prejudice" and did not stamp a new visa?


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DesiTiger   
Member since: Aug 03
Posts: 1205
Location: Mississauga

Post ID: #PID Posted on: 03-04-05 09:35:54

You'll have to apply for a new H1B "Stamp" at the US Consulate in TO.


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ani70   
Member since: Oct 03
Posts: 765
Location: Canada

Post ID: #PID Posted on: 03-04-05 13:32:07

I agree with DesiTiger comment.
You need a new visa from US consulate in Canada or India to reenter US.
I am afraid Auto Revalidation wouldn't work in your case and and this is because St Luis office stamped your visa with" CANCELLED WITHOUT PREJUDICE" rather providing you a new H1B visa on your approved petition.
Thanks.
:cheers:


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ani


pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 04-04-05 08:47:14

The question though is why did St. Louis stamp cancelled without prejudice on the old visa and did not stamp a new one?

In some cases this happens because of past status violations, so DoS requires the H-1B holder to appear at a consulate abroad to get a new H-1B.
If DoS did not stamp a new visa, then AVR cannot be used.
I would be more worried about why DoS did not give a new visa, rather than AVR.


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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


Kabeer   
Member since: Jan 05
Posts: 71
Location: of no fixed address

Post ID: #PID Posted on: 04-04-05 10:15:05

Quote:
Orginally posted by pratickm

The question though is why did St. Louis stamp cancelled without prejudice on the old visa and did not stamp a new one?

In some cases this happens because of past status violations, so DoS requires the H-1B holder to appear at a consulate abroad to get a new H-1B.
If DoS did not stamp a new visa, then AVR cannot be used.
I would be more worried about why DoS did not give a new visa, rather than AVR.



The law has changed where you could revalidate your visa without leaving the country. Maybe thats why St Louis did not issue a new visa.

If you are a landed immigrant in Canada, then you can apply for a visa from Canada any number of times. You don't have to go to India.

Why dont you call the 900 number they are very helpful, its a little expensive though, but you can get first hand information through the source itself.

http://www.amcits.com/toronto.asp



Smiley   
Member since: Mar 03
Posts: 1185
Location: USA

Post ID: #PID Posted on: 04-04-05 11:13:30

As far as I know if your expired or last visa is stamped with "CANCELLED WITHOUT PREJUDICE" , you cannot use Automatic revalidation.


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Contributors: pratickm(6) viren_k(4) DesiTiger(4) monk(1) ani70(1) Kabeer(1) Smiley(1)



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