I am an India citizen holding an Indian passport. I entered US on H4 (dependent visa). Got a job here and changed my visa to H1b (work permit). I have a copy of the workpemit (I-129) valid until July-2005. The I-129 also has an I-94 ATTACHED. However I do not have the passport stamped with the H1 visa.

My Permanent Residence for Canada has been approved. I plan to land in Canada and return back to the US in a week to complete my work commitments in the US.
Incase I cross the Canada border by road or by air, will I have a problem to
enter the US because I do not have my H1 visa stamped?

Alternately, does this qualify for the automatic revalidation program and I can enter the US in 30 days with the I-94 sent with my H1b visa (valid until July 2005).

Thanks in advance.

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Alternately, does this qualify for the automatic revalidation program and I can enter the US in 30 days with the I-94 sent with my H1b visa (valid until July 2005).
>>>>>>>>>>>>>>>>>>>>>>>>>>>
30 day revalidation rule applies to reenter US with valid I94 if one satisfies all the following conditions...

1.if one doesnt have valid (may have expired visa) visa in the passport
2. Has been visiting canada for less then 30 days
3. & have not visited US consulate in Canada for visa stamping purpose

The problem is Automatic revalidation rule depend more on Port Of Entry Officers
Check out this to get more idea about this
http://www.immigrationportal.com/showthread.php?t=96966

Thanks

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ani

Hi,

Last year I sent my passport for automatic revaltidation to St. Loius (i.e. before the program was scrapped). But my previous (expired) H1B visa stamp from Vancouver was cancelled and I was sent a letter that I wasn't eligible for automatic revalidation as I did not fulfill it's criteria.
Anyways, now I have valid H1B1 visa, I-94 but the expired H1B1 visa in my passport has been crossed out. Now, I wonder if I can enter Canada and return back to US without visa stamp in my passport as twice on earlier occasions I had obtained H1B1 from Ciduad Juarez and Vancouver. I am a canadian resident with Indian passport. Would the crossed out expired visa be treated as null and void and I would definitely need a new visa stamp or is it okay to use it for crossing back and forth with period of stay less than 30 days in Canada ?

Any insight would be appreciated. Thanks.

Quote:

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Orginally posted by shahgufta

Hi,

Last year I sent my passport for automatic revaltidation to St. Loius (i.e. before the program was scrapped). But my previous (expired) H1B visa stamp from Vancouver was cancelled and I was sent a letter that I wasn't eligible for automatic revalidation as I did not fulfill it's criteria.
Anyways, now I have valid H1B1 visa, I-94 but the expired H1B1 visa in my passport has been crossed out. Now, I wonder if I can enter Canada and return back to US without visa stamp in my passport as twice on earlier occasions I had obtained H1B1 from Ciduad Juarez and Vancouver. I am a canadian resident with Indian passport. Would the crossed out expired visa be treated as null and void and I would definitely need a new visa stamp or is it okay to use it for crossing back and forth with period of stay less than 30 days in Canada ?


if youre in canada right now than we both are in the same boat..let us keep posted if we get any updates on this issue
Any insight would be appreciated. Thanks.

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