Posted on: 16-06-05 17:55:31
Hello Immi Experts,
I am planning to drive to Vancouver,BC, Canada from
Seattle ,this weekend with my family (spouse and 2 kids) for 3
(three) days and return to USA by road to apply for PR
Card.
Am I (A Indian Citizen) eligible for "AUTOMATIC
REVALIDATION OF VISA" rule??
as per regulations, 22 CFR Section 42.112(d), which
were
changed on March 7, 2002.
http://www.nafsa.org/content/Profes...ces/Immigration
1)I have a valid I-797 H1B approval petition with I-94
up to April,2006.
2)My stay in Canada is only for 3 days.
3)I have a 10 year valid Indian Passport.
4)My H1B visa stamp in my passport EXPIRED in
May'2003.
5)I have my recent pay stubs and employment letter
from the employer.
and all relevant documents.
I have been reading contradictory posts on different forums.
What is the latest situation?
I am totally confused
Any Latest experiences to share with.
Your valuable advise in this regard is sincerely
appreciated.
Thanks,
-MS
Though the rule is there but there is a risk and lot depend on POE officer.
You may want to check out this one
http://www.immigrationportal.com/showthread.php?t=85613
thanks
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ani
Quote:Yes.
Orginally posted by maplestar
Am I (A Indian Citizen) eligible for "AUTOMATIC
REVALIDATION OF VISA" rule??
Quote:Are you with the same employer who sponsored the visa that is now expired?
5)I have my recent pay stubs and employment letter
from the employer.
and all relevant documents.
Although this is not a rule per se, but if the annotation on your expired visa is from a different employer, then sometimes they may delay your entry or question you further to ensure that you are indeed a bona fide H-1B non-resident.
Quote:The rule is very much there, and people are using it all the time.
I have been reading contradictory posts on different forums.
What is the latest situation?
I personally used AVR last year and know of several people since then you have used it.
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"Throw your dreams into space like a kite, and you do not know what it will bring back, a new life, a new friend, a new love, a new country."
THANKS for the quick response.
Quote:
____________________________________________________________________________________
Are you with the same employer who sponsored the visa that is now expired?
__________________________________________________________________________________
No. I am with a different employer.But I have been with this new employer for the past 2 years and I have all the pay stubs and W2/Tax forms from this employer.
I know that I meet and satisfy all the eligibility conditions enumerated under the law.But, my billion dollar question is ...........
Does Port of Entry Officer have descritionary powers to exercise according to his moods (positive/negative) or he strictly goes by the docs/law to let me go, if I meet the eligibility criteria of Automatic Revalidation.
What I meant by latest situation was,any recent changes in the rule or any recent experiences to share.
Is it really risky as some gurus put it.
Any Thoughts???
TIA.
Quote:It'll help you if you can also get a letter saying that you are leaving the US for a few days and will return to resume you job.
Orginally posted by maplestar
No. I am with a different employer.But I have been with this new employer for the past 2 years and I have all the pay stubs and W2/Tax forms from this employer.
Quote:I don't think they can deny someone entry simply based on their "mood", unless there is some real reason as well (like missing documents or status violation).
Does Port of Entry Officer have descritionary powers to exercise according to his moods (positive/negative) or he strictly goes by the docs/law to let me go, if I meet the eligibility criteria of Automatic Revalidation.
He may question you further and ask you to pull out of the line and take you in for more questions, but they will eventually let you go if everything is in order.
I don't think they deny people just based on their fancies.
Quote:No recent changes that I know of.
What I meant by latest situation was,any recent changes in the rule or any recent experiences to share.
My experience is from last year.
Quote:I am not a guru, so can't comment on that
Is it really risky as some gurus put it.
It will be risky only if you have had status violations in the past or some documents are not in order.
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"Throw your dreams into space like a kite, and you do not know what it will bring back, a new life, a new friend, a new love, a new country."
Aparna,
Thank you very much for good and positive replies.
BTW,what is 'Status Violation'?
And, one more question.
Can I schedule an appointment with American Consulate in Vancouver for visa stamping at the same time during my breif stay (3 days) as back up just in case my re-entry is refused by PoE officer at the border.
My question is..... Just by scheduling an appointment with American Consulate for visa stamping is going to attract the one of the regulations ,applying for new visa while in Canada which is a violation of "Automatic Revalidation of visa" rule.
Thanks again.
-MS.
Quote:Either overstaying your status at some point in the past, or not following the requirements of your status.
Orginally posted by maplestar
BTW,what is 'Status Violation'?
For example, having a student visa and not going to school, or having an H-1B visa and not working.
Quote:You can - it is upto you.
Can I schedule an appointment with American Consulate in Vancouver for visa stamping at the same time during my breif stay (3 days) as back up just in case my re-entry is refused by PoE officer at the border.
It costs $15 CAD
I don't think the officers at the PoE are hooked up with the Internet visa booking system, but why take a chance.
If you are refused entry, you can always come back and book an appt.
In any case, it has to be something pretty serious if they refuse you entry into the US.
In that case, you will likely face some grilling when you go for interview anyway - regardless on whether you book the appt. now or later.
As I said, they don't just refuse entry based on their whims - there has to be a pretty serious reason for them to refuse someone entry.
Did you read the latest news item about the Canadian carrying a sword and chainsaw who was allowed to enter the US without any problems, when in fact he was a murder suspect wanted by the RCMP?
If he can be allowed in, so can you
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"Throw your dreams into space like a kite, and you do not know what it will bring back, a new life, a new friend, a new love, a new country."
