My Husband is on L1 Visa and I and my daughter are on L2 Visa.
We just received our permanent resident approved for Cananda. We will have to land in Canada by Oct 31st. We plan to go to cananda and fulfill the landing formalities in 2-3 days.
All our Visa have expired but our I 94 is valid till 2007.
We wish to know if there will be any re-entry problems even if we are visiting canada for just 3 days? Some are suggesting that we will need to get our visa extended in the US embassy in canada?
I have heard that persons with H1 visas have no problems if they are back by 30 days ....is it the same case for L1 and L2 visas?
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My Husband is on L1 Visa and I and my daughter are on L2 Visa.
We just received our permanent resident approved for Cananda. We will have to land in Canada by Oct 31st. We plan to go to cananda and fulfill the landing formalities in 2-3 days.
All our Visa have expired but our I 94 is valid till 2007.
We wish to know if there will be any re-entry problems even if we are visiting canada for just 3 days? Some are suggesting that we will need to get our visa extended in the US embassy in canada?
I have heard that persons with H1 visas have no problems if they are back by 30 days ....is it the same case for L1 and L2 visas?
I was in a similar situation 2 years back ...and though my I94 was valid ..my L1 visa got expired ..that time I talked with lawyer and also checked in murthy.com forum but everyone said there is no Guarantee
that POE officers will follow 30 day auto validation rule ...your best bet will be
(1) Either to schedule an appointment with US consulate in Toronto for L1 visa based on approved L1 blanket petition so that after completing landing formalities you can reenter with new visa
or
(2) Plan a vacation to India and get a new L1 visa stamped there after completing landing formalities in Canada .
btw I took option (1) but because I got a good job here in Canada within one week time I never returned back to USA
30 day Auto validation rule is same for H1 and L1/L2 visa.
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ani
If your visa expired how come your I94 is valid? Did you not get an extention after a year. we had a L1 and after a year they did not extend the visa. but a few months later they passed our Green card. crazy no. but then we could not change status coz we were not in status anymore. so ask a lawywer if you are in status. if nort you cannot enter US again. we decided to give the Boot to US and come to canda . we rather live in a country that excepts us not make us run around.
Please note that visa is only required for entry/reentry purpose and I94 actually define status once you are within US.You need to apply for extension before your I94 is expired.
For Ex :
Visa is valid but I94 expired and you still not applied for extension: You are out of status when you are wihin US though visa is valid.
Visa expired but I94 still valid:Your staus is OK and you don't need to do anything as long as you are not planning to cross the border.(My case L1 visa was valid for one year but POE issues I94 with validity untill next two years).
Visa expired but I94 still valid and you want to reenter: You need to apply for a new visa from US consulate abroad.
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ani
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