US H-1B Auto Revalidation at Border


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

Post ID: #PID Posted on: 04-04-05 14:52:14

You can't use "Automatic Revalidation" anymore. They changed the law after 9/11. Visit http://www.amcits.com" rel="nofollow">LINK to book an appointment for a Visa Interview.

DT


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

Post ID: #PID Posted on: 04-04-05 21:16:35

DT --

Quote:
Orginally posted by DesiTiger
You can't use "Automatic Revalidation" anymore. They changed the law after 9/11. Visit http://www.amcits.com" rel="nofollow">LINK to book an appointment for a Visa Interview.DT

I believe AVR still exists if you have an expired, non-cancelled visa on your passport - it did not change after 9/11.

I know that because I used it only last year ;)

But if they have changed it during the last few months, then I don't know.

However, what did change after 9/11 was that nationals of a certain list of countries (the so-called "terrorist sponsor countries" like Iran, Sudan, North Korea, etc.) cannot use AVR and must apply for a new visa at a consulate everytime they go out of the US.
But Indian nationals can avail of the AVR facility.

Also, I have heard recently that the visa renewal by mail - the service provided by DoS in St. Louis - has been stopped and the H-1B applicant must go to a consulate in his/her home country to renew the visa.

In the case of the OP, if DoS cancelled his visa (without "prejudice" ) and did not stamp a new visa, then he must apply for a new stamp in India (or Canada).

But assuming someone has an expired but not cancelled visa and new H-1B papers, AVR can still be used.


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

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viren_k   
Member since: Mar 05
Posts: 7
Location:

Post ID: #PID Posted on: 05-04-05 02:20:57

Quote:
Orginally posted by pratickm

DT --
Quote:
Orginally posted by DesiTiger
You can't use "Automatic Revalidation" anymore. They changed the law after 9/11. Visit http://www.amcits.com" rel="nofollow">LINK to book an appointment for a Visa Interview.DT

I believe AVR still exists if you have an expired, non-cancelled visa on your passport - it did not change after 9/11.

I know that because I used it only last year ;)

But if they have changed it during the last few months, then I don't know.

However, what did change after 9/11 was that nationals of a certain list of countries (the so-called "terrorist sponsor countries" like Iran, Sudan, North Korea, etc.) cannot use AVR and must apply for a new visa at a consulate everytime they go out of the US.
But Indian nationals can avail of the AVR facility.

Also, I have heard recently that the visa renewal by mail - the service provided by DoS in St. Louis - has been stopped and the H-1B applicant must go to a consulate in his/her home country to renew the visa.

In the case of the OP, if DoS cancelled his visa (without "prejudice" ) and did not stamp a new visa, then he must apply for a new stamp in India (or Canada).

But assuming someone has an expired but not cancelled visa and new H-1B papers, AVR can still be used.



i tried calling the immigration post at the rainbow bridge but couldnt get hold of the officer.will try again tomor..but my point is that the AVR can be used for people who are not from the terrorist countries,who did not apply for a visa at the consulate in canada or mexico and finally travelling less than 30 days.technically i qualify for all the above three facts.but the only issue will be the cancelled without prejudice stamp on my expired visa.i do have the dept of state issued letter citing that i should attend a consulate to obtain visa to travel.If i show them that i havent applied for a visa in canada and this was actually stamped by DOS, will that help..not too sure how they will look at this.



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

Post ID: #PID Posted on: 05-04-05 09:13:02

Quote:
Orginally posted by viren_k
but my point is that the AVR can be used for people who are not from the terrorist countries,who did not apply for a visa at the consulate in canada or mexico and finally travelling less than 30 days.

I believe there is an additional requirement of having an expired, non-cancelled visa stamped on your passport - you do not meet that requirement.
Your visa has been cancelled by DoS (without "prejudice" simply means that it was not cancelled because of some offense committed by you).
Quote:
i do have the dept of state issued letter citing that i should attend a consulate to obtain visa to travel.If i show them that i havent applied for a visa in canada and this was actually stamped by DOS, will that help..not too sure how they will look at this.
Well, if the DoS is requiring you to appear at a consulate, you will have to.
The BCIS officials at the border will not disregard that letter from DoS and give you an AVR - they will most likely tell you to go back to Toronto to get a visa stamp.

Do you (or your company's lawyer) have any idea why the visa was cancelled and a new one not stamped?
As I said earlier, sometimes this happens when there has been a status violation in the past - is this the case with you?
If that is the case, or there is any inconsistency in your documents, you will have to go to the consulate.
Usually that's not a major issue and they will simply verify all your documents and give you a visa.


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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"


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

Post ID: #PID Posted on: 05-04-05 09:39:10

Quote:
Orginally posted by pratickm


But assuming someone has an expired but not cancelled visa and new H-1B papers, AVR can still be used.



I wish. I just had to get our visas renewed in TO last month. They won't renew Visas by mail anymore.


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

Post ID: #PID Posted on: 05-04-05 10:30:03

DT --

Quote:
Orginally posted by DesiTiger
I wish. I just had to get our visas renewed in TO last month. They won't renew Visas by mail anymore.

You are confusing AVR with visa renewals.
AVR (Automatic Visa Revalidation) is very different from a visa renewal.
Visa renewal was a service provided by DoS out of the St. Louis processing center and has now been stopped.
AVR is simply a "validation" that your status is OK when you are driving from Canada to the US and still exists, AFAIK.
I used AVR last year only and I know people who have used it as recent as late last year.
Unless something has changed in the last 2 - 3 months, AVR is still open.

Visa renewal is a different thing.


-----------------------------------------------------------------
"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"


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

Post ID: #PID Posted on: 05-04-05 11:28:34

Ooops My Fault. Thanks for clarifying PratickM


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



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