Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Automatic visa revalidation

Wikiposts

Automatic visa revalidation

Thread Tools
 
Old Jun 12th 2005, 4:40 pm
  #1  
Immiq
Guest
 
Posts: n/a
Default Automatic visa revalidation

Can anyone list the required documentation and procedure for the
automatic visa revalidation if an H-1B travels to the Canada and then
reenters the USA within 2 weeks with an expired visa stamp in his
passport? Thanks.


--
immiq
------------------------------------------------------------------------
immiq's Profile: http://www.journeythere.com/forums/member.php?u=84
View this thread: http://www.journeythere.com/forums/s...ad.php?t=27749
Posted from: http://www.journeythere.com
 
Old Jun 12th 2005, 10:27 pm
  #2  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Automatic visa revalidation

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Statutorily required are:

- - Passport with the expired visa stamp. If the passport has expired,
obviously also a valid passport. Of course, the passport must not be
from a country on the list banned from using automatic revalidation.

- - I-94

In practical terms, usually needed or helpful are the same documents as
needed by any other H-1B entry:

- - H-1B petition approval notice.

- - A letter from the the employer stating that you are expected to return
to work.

- - Recent pay stubs.

immiq wrote:
    | Can anyone list the required documentation and procedure for the
    | automatic visa revalidation if an H-1B travels to the Canada and then
    | reenters the USA within 2 weeks with an expired visa stamp in his
    | passport? Thanks.


- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (MingW32)
Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org

iD8DBQFCrV+YyUlVTFdHXskRAnl2AKCZS0KRxa4nOH9c95BS5q 98GW62OACgotub
nH6pPhPtLS07PorfhWau5YE=
=Q9Xf
-----END PGP SIGNATURE-----
 
Old Jun 20th 2005, 6:04 pm
  #3  
Forum Regular
 
Joined: Apr 2004
Location: london
Posts: 101
AlexanderAshok is an unknown quantity at this point
Default Re: Automatic visa revalidation

HI to Ingo and to all,

I would like to know more about the Automative Visa Revalidation for H1B visa...

I now work for the company which issued me the H1B visa... but my visa stamp is going to expire in Jan 2007, by Automatic Visa Revalidation, do I need to leave the US in order to get a new H1B Visa stamp or can I get the visa stamp in USA itself, as this was done before.....???

Also, I spoke to my sponsor company president about the processing of the GREEN CARD, they are willing to do it after 6 months... Now for your information: I have 3 Three year of IT experience... I am SAP ERP Technical Consultant with B Eng (Telecom) and MS (Computer Networks) as educational background... Will I be able to fit for a Green Card eligibility and if yes, in which category will I fall (ie EB2 something like that).

Generally, How long does a Green Card processing takes for an Indian passport holder....?

Thanks Much... Waiting for your reply...

Regards-Alex
Originally Posted by Ingo Pakleppa
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Statutorily required are:

- - Passport with the expired visa stamp. If the passport has expired,
obviously also a valid passport. Of course, the passport must not be
from a country on the list banned from using automatic revalidation.

- - I-94

In practical terms, usually needed or helpful are the same documents as
needed by any other H-1B entry:

- - H-1B petition approval notice.

- - A letter from the the employer stating that you are expected to return
to work.

- - Recent pay stubs.

immiq wrote:
    | Can anyone list the required documentation and procedure for the
    | automatic visa revalidation if an H-1B travels to the Canada and then
    | reenters the USA within 2 weeks with an expired visa stamp in his
    | passport? Thanks.


- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (MingW32)
Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org

iD8DBQFCrV+YyUlVTFdHXskRAnl2AKCZS0KRxa4nOH9c95BS5q 98GW62OACgotub
nH6pPhPtLS07PorfhWau5YE=
=Q9Xf
-----END PGP SIGNATURE-----
AlexanderAshok is offline  
Old Jun 20th 2005, 7:22 pm
  #4  
BE Enthusiast
 
Joined: Jun 2001
Posts: 571
Manish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really nice
Default Re: Automatic visa revalidation

Originally Posted by AlexanderAshok
HI to Ingo and to all,

I would like to know more about the Automative Visa Revalidation for H1B visa...

I now work for the company which issued me the H1B visa... but my visa stamp is going to expire in Jan 2007, by Automatic Visa Revalidation, do I need to leave the US in order to get a new H1B Visa stamp or can I get the visa stamp in USA itself, as this was done before.....???
------------ you have valid H1 visa stamp till Jan 2007, you can enter with the valid Visa stamp. Automatic Visa Revalidation is used if one visit Canada /Mexico for less than 30 days and if visa stamp is expired but has valid I-94 then one can enter US from Canada/mexico, read Ingo post for more info
Also, I spoke to my sponsor company president about the processing of the GREEN CARD, they are willing to do it after 6 months... Now for your information: I have 3 Three year of IT experience... I am SAP ERP Technical Consultant with B Eng (Telecom) and MS (Computer Networks) as educational background... Will I be able to fit for a Green Card eligibility and if yes, in which category will I fall (ie EB2 something like that).
----------- they have to first file your LC and it depends on lawyer/employer if they will file in EB3 or EB2. 99% they will file under EB3, it seems you belong to India, and if they file LC after 6 months then PD will be of 2005. at this time many lawyers say that EB3 based GC for India China born is going to take a long time.
Generally, How long does a Green Card processing takes for an Indian passport holder....?

------- first employer has to file LC it may take 3-4 months for approval, then they have to file I-140 that may take 4-6 months and depends on service center( if your PD is current then you can file I-485 with I-140)
from the date of fling LC nobody can give you a guess how much time it will for GC under EB3 for India born. many lawyers say it may take 5-6 years now after filing LC

Regards-Alex
--------------------------------------
Manish is offline  
Old Jun 20th 2005, 9:12 pm
  #5  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Automatic visa revalidation

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

AlexanderAshok wrote:
    | Statutorily required are:
    |
    | - Passport with the expired visa stamp. If the passport has expired,
    | obviously also a valid passport. Of course, the passport must not be
    | from a country on the list banned from using automatic revalidation.
    |
    | - I-94
    |
    | In practical terms, usually needed or helpful are the same documents
    | as
    | needed by any other H-1B entry:
    |
    | - H-1B petition approval notice.
    |
    | - A letter from the the employer stating that you are expected to
    | return
    | to work.
    |
    | - Recent pay stubs.
    |
    | immiq wrote:
    | | Can anyone list the required documentation and procedure for the
    | | automatic visa revalidation if an H-1B travels to the Canada and
    | | then
    | | reenters the USA within 2 weeks with an expired visa stamp in his
    | | passport? Thanks.
    |
    |

    | HI to Ingo and to all,

    | I would like to know more about the Automative Visa Revalidation for
    | H1B visa...

    | I now work for the company which issued me the H1B visa... but my visa
    | stamp is going to expire in Jan 2007, by Automatic Visa Revalidation, do
    | I need to leave the US in order to get a new H1B Visa stamp or can I get
    | the visa stamp in USA itself, as this was done before.....???

Neither. Automatic Visa Revalidation means that you do *not* get a new
stamp at all. Rather, for trips of less than 30 days to Canada or
Mexico, when you return, the USCIS officer will look at your passport
and accept your expired visa as if it was still valid, and of the
correct type.

There are certain conditions in order for this to work. One of the
conditions is that you must *not* apply for a new visa at a US consulate
abroad.

Visa revalidation within the USA has been abolished and is no longer
possible. And it never was automatic.

    | Also, I spoke to my sponsor company president about the processing of
    | the GREEN CARD, they are willing to do it after 6 months... Now for your
    | information: I have 3 Three year of IT experience... I am SAP ERP
    | Technical Consultant with B Eng (Telecom) and MS (Computer Networks) as
    | educational background... Will I be able to fit for a Green Card
    | eligibility and if yes, in which category will I fall (ie EB2 something
    | like that).

It's hard to tell with your information. It depends more on the job than
on your qualifications, actually. But you will most likely be eligible
for a Green Card. Assuming that the job requires a Master's degree in
Computer Networks, odds are that you would fall into the EB-2 category.
You will need to consult with an attorney to be sure, though. Your SAP
qualifications do not count for anything.

    | Generally, How long does a Green Card processing takes for an Indian
    | passport holder....?

That, alas, is the big question that everybody would love to know the
answer for. By the way, it does not matter what passport you have. What
counts is where you or your spouse were born (you get to choose the
place that is better for you).

Right now, EB-3 Green Cards are completely unavailable, worldwide. All
other categories are current, meaning that there is no specific quota
backlog. But by the time your case is processed, all this will almost
certainly have changed.

What I can tell you is that if no laws are changed, the delay is going
to be fairly substantial.

For each of the three employment-based categories, there are
approximately 40,000 Green Cards available. In the past six years,
approximately 150,000 H-1Bs have been issued annually (the current quota
is 85,000, but it was as high as 195,000 in the past). Assuming that
each H-1B, on average, brings one spouse and no children, and that each
H-1B and each spouse will apply for a Green Card, you have a demand of
roughly 300,000 H-1Bs per year - and a supply of 120,000. So these
300,000 GC applicants would eat up the quota for two and a half years!
That's how quota backlogs develop (the above example is simplified, as
it does not take the per-country quota, the various different
employment-based categories and some other factors into account).

Currently, EB-3 Green Cards are completely unavailable because the quota
has been exhausted.

Before that happened, the backlog was approximately four years for
people born in India. Apply the logic above, and you can see that it is
quite likely that somebody who applies today will have to wait eight
years or more to get an EB-3 Green Card. I would expect that soon, EB-2
Green Cards will also be backlogged, possibly even EB-1 Green Cards.



- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (MingW32)
Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org

iD8DBQFCt9ntyUlVTFdHXskRAk+QAJ97DMhiHa1QPe6zTUCwg2 dtsmbVSwCePuvd
6ok3Aqa5sM9FBfs7fDz63hs=
=yc80
-----END PGP SIGNATURE-----
 
Old Jun 21st 2005, 7:40 am
  #6  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Automatic visa revalidation

Originally Posted by AlexanderAshok
HI to Ingo and to all,

I would like to know more about the Automative Visa Revalidation for H1B visa...

I now work for the company which issued me the H1B visa... but my visa stamp is going to expire in Jan 2007, by Automatic Visa Revalidation, do I need to leave the US in order to get a new H1B Visa stamp or can I get the visa stamp in USA itself, as this was done before.....???

Also, I spoke to my sponsor company president about the processing of the GREEN CARD, they are willing to do it after 6 months... Now for your information: I have 3 Three year of IT experience... I am SAP ERP Technical Consultant with B Eng (Telecom) and MS (Computer Networks) as educational background... Will I be able to fit for a Green Card eligibility and if yes, in which category will I fall (ie EB2 something like that).

Generally, How long does a Green Card processing takes for an Indian passport holder....?

Thanks Much... Waiting for your reply...

Regards-Alex
See this link for the regulations for automatic visa revalidation pursuant to 22 CFR 41.112:
http://a257.g.akamaitech.net/7/257/2...2cfr41.112.htm

You can no longer get a new H1 or most other visa stamps inside the US as of July 2004. You must leave the US to get one. Keep in mind that applying for a visa while outside the US ruins the ability to auto-reval an expired visa.
crg is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.