Automatic Visa Re-validation - Kindly help

[rknohria]

Hi,


I have a H1b stamped till Aug 09 and My I797 - extension is approved with new H1b. Can I go to Canada and come back without visa stamping.

We are in bit of issue. I want to accompany my wife to Canada for her F1 to H4 stamping.

I will be greatful to your help.

Thanks
Rajeev

[shervin143]

You cannot re-enter without a valid visa. You will need to get the H1B stamped. The best option is to book an appointment for your H1B stamping and include your wife as a dependent, so that both of you can go for stamping together.

[kabkaba]

Yes, of course he can enter. Canada stay has to be less than 30 days.

[shervin143]

They say that if you are out of the U.S. to contiguous countries, like Canada or Mexico for less than 30 days, you can re-enter on your approval notice and do not need to have your passport stamped. However, I don't know of anyone who has successfully tried this. Letting you re-enter without a valid visa totally depends on the immigration officer. Also, if they need to do a security check on your name (Very much possible on an invalid visa), then all your plans will be totally messed. This isn't worth taking a risk. You are already taking your wife for stamping, why not get your H1B stamped too?

Anyhow, if you try to re-enter without a valid visa stamp (with just the approval notice), please update the forum with your experience.

[carlosdb]

Automatic visa revalidation

Hi
My experience was a quite different but is related to Automatic Visa Re-validation.

I am mexican holding a TN visa, this expired on july 98, I got I797 with I-94 that expired on July 2009, after my visa stamp expired I continued entering to US from Mexico crossing border using my valid I-94 without any problem.

I continued entering to US several times but one day while trying to cross border the CBP officer denied the admission to US and told me that I needed to stamp visa at US consulate in Mexico. I explained about automatic revalidation but still he denied the admission.

I did so, I stamped the visa without any problem and continue in and out to US using valid visa.

My lawyer told me that is under the criteria of the CBP officer that will allow or denied entrance to US.