Question about US Visa and Niagra
#16
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Originally Posted by RushTech
My wife does not have the I-797. She was given I-94 when she entered the US in 99 and never exited since. But her SD-2019 is valid until Dec 2005.
crg14624, thanks for correcting me for D/S. can you please telle me if her I-94 is valid in this case?
Thanks
crg14624, thanks for correcting me for D/S. can you please telle me if her I-94 is valid in this case?
Thanks
From what you describe, she appears to be properly documented to reenter following a visit to Canada of less than 30 days. The I-94 she has is fine. The I-94 can be an original obtained at a port of entry *or* one attached to an I-797. Good luck.
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#17
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Originally Posted by crg14624
I-797C - Notice of Action - This INS form is used for denial letters and receipts.
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CRG,
This is to further validate your point. This process is called Automatic Revalidation and this is a link form the travel.state.gov site that talks about it. http://travel.state.gov/visa/laws/te...rams_1441.html
I also spoke to Department of Homeland security and they confirmed the same. The idea is that a person, when leaving either by road or air, should let the officials know that they intend to travel for less than 30 days. When travelling with an expired visa stamp, the following are needed:
** Traveling to Canada, Mexico for less than thirty days **
If you have an expired H1B visa stamp or if you have an expired U.S. nonimmigrant visa of any other type (e.g. B, F, J) and you have a valid I-94 card stating your current valid H1B status, your visa will be considered automatically revalidated when you re-enter the U.S. from Canada or Mexico as long as ALL of the following are true:
you have only been in Canada or Mexico for less than 30 days
you have with you a current I-94 card stating your valid H1B status
you do not apply for a visa while in Canada or Mexico
you are not from one of the countries currently considered by the U.S. to be state sponsors of terrorism (as of 11/11/02 this includes Iran, Iraq, Syria, Libya, Sudan, North Korea and Cuba)
For this automatic revalidation to apply to you, you must be careful to keep your I-94 card when leaving the U.S. to enter Canada or Mexico for a trip of less than 30 days. Present you I-94 card along with your valid passport, original Form I-797A (H1B Approval Notice for your current position) and a letter from your employer confirming current employment in the position described in the H-1B petition.
THANKS AGAIN CRG for all your help in this matter and thanks for being so knowledgeable
Hope that this information is helpful to others also![Smile](https://britishexpats.com/forum/images/smilies/smile.gif)
Thanks
This is to further validate your point. This process is called Automatic Revalidation and this is a link form the travel.state.gov site that talks about it. http://travel.state.gov/visa/laws/te...rams_1441.html
I also spoke to Department of Homeland security and they confirmed the same. The idea is that a person, when leaving either by road or air, should let the officials know that they intend to travel for less than 30 days. When travelling with an expired visa stamp, the following are needed:
** Traveling to Canada, Mexico for less than thirty days **
If you have an expired H1B visa stamp or if you have an expired U.S. nonimmigrant visa of any other type (e.g. B, F, J) and you have a valid I-94 card stating your current valid H1B status, your visa will be considered automatically revalidated when you re-enter the U.S. from Canada or Mexico as long as ALL of the following are true:
you have only been in Canada or Mexico for less than 30 days
you have with you a current I-94 card stating your valid H1B status
you do not apply for a visa while in Canada or Mexico
you are not from one of the countries currently considered by the U.S. to be state sponsors of terrorism (as of 11/11/02 this includes Iran, Iraq, Syria, Libya, Sudan, North Korea and Cuba)
For this automatic revalidation to apply to you, you must be careful to keep your I-94 card when leaving the U.S. to enter Canada or Mexico for a trip of less than 30 days. Present you I-94 card along with your valid passport, original Form I-797A (H1B Approval Notice for your current position) and a letter from your employer confirming current employment in the position described in the H-1B petition.
THANKS AGAIN CRG for all your help in this matter and thanks for being so knowledgeable
![Smile](https://britishexpats.com/forum/images/smilies/smile.gif)
Hope that this information is helpful to others also
![Smile](https://britishexpats.com/forum/images/smilies/smile.gif)
Thanks
Originally Posted by crg14624
Also, you can't do it if you have a 212(d)(3)(A) or (B) waiver.
You can print out the law, but the officers at the border will be familiar with this regulation because it is quite common.
It's under 22 CFR 41.112(d).
http://a257.g.akamaitech.net/7/257/2...2cfr41.112.htm
"(d) Automatic extension of validity at ports of entry. (1) Provided
that the requirements set out in paragraph (d)(2) of this section are
fully met, the following provisions apply to nonimmigrant aliens seeking
readmission at ports of entry:
(i) The validity of an expired nonimmigrant visa issued under INA
101(a)(15) may be considered to be automatically extended to the date of
application for readmission; and
(ii) In cases where the original nonimmigrant classification of an alien
has been changed by INS to another nonimmigrant classification, the
validity of an expired or unexpired nonimmigrant visa may be considered
to be automatically extended to the date of application for readmission,
and the visa may be converted as necessary to that changed
classification.
(2) The provisions in paragraph (d)(1) of this section are
applicable only in the case of a nonimmigrant alien who:
(i) Is in possession of a Form I-94, Arrival-Departure Record,
endorsed by INS to show an unexpired period of initial admission or
extension of stay, or, in the case of a qualified F or J student or
exchange visitor or the accompanying spouse or child of such an alien,
is in possession of a current Form I-20, Certificate of Eligibility for
Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility
for Exchange Visitor Status, issued by the school the student has been
authorized to attend by INS, or by the sponsor of the exchange program
in which the alien has been authorized to participate by INS, and
endorsed by the issuing school official or program sponsor to indicate
the period of initial admission or extension of stay authorized by INS;
(ii) Is applying for readmission after an absence not exceeding 30
days solely in contiguous territory, or, in the case of a student or
exchange visitor or accompanying spouse or child meeting the
stipulations of paragraph (d)(2)(i) of this section, after an absence
not exceeding 30 days in contiguous territory or adjacent islands other
than Cuba;
(iii) Has maintained and intends to resume nonimmigrant status;
(iv) Is applying for readmission within the authorized period of
initial admission or extension of stay;
(v) Is in possession of a valid passport;
(vi) Does not require authorization for admission under INA
212(d)(3); and
(vii) Has not applied for a new visa while abroad.
(3) The provisions in paragraphs (d)(1) and (d)(2) of this section
shall not apply to the nationals of countries identified as supporting
terrorism in the Department's annual report to Congress entitled
Patterns of Global Terrorism."
You can print out the law, but the officers at the border will be familiar with this regulation because it is quite common.
It's under 22 CFR 41.112(d).
http://a257.g.akamaitech.net/7/257/2...2cfr41.112.htm
"(d) Automatic extension of validity at ports of entry. (1) Provided
that the requirements set out in paragraph (d)(2) of this section are
fully met, the following provisions apply to nonimmigrant aliens seeking
readmission at ports of entry:
(i) The validity of an expired nonimmigrant visa issued under INA
101(a)(15) may be considered to be automatically extended to the date of
application for readmission; and
(ii) In cases where the original nonimmigrant classification of an alien
has been changed by INS to another nonimmigrant classification, the
validity of an expired or unexpired nonimmigrant visa may be considered
to be automatically extended to the date of application for readmission,
and the visa may be converted as necessary to that changed
classification.
(2) The provisions in paragraph (d)(1) of this section are
applicable only in the case of a nonimmigrant alien who:
(i) Is in possession of a Form I-94, Arrival-Departure Record,
endorsed by INS to show an unexpired period of initial admission or
extension of stay, or, in the case of a qualified F or J student or
exchange visitor or the accompanying spouse or child of such an alien,
is in possession of a current Form I-20, Certificate of Eligibility for
Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility
for Exchange Visitor Status, issued by the school the student has been
authorized to attend by INS, or by the sponsor of the exchange program
in which the alien has been authorized to participate by INS, and
endorsed by the issuing school official or program sponsor to indicate
the period of initial admission or extension of stay authorized by INS;
(ii) Is applying for readmission after an absence not exceeding 30
days solely in contiguous territory, or, in the case of a student or
exchange visitor or accompanying spouse or child meeting the
stipulations of paragraph (d)(2)(i) of this section, after an absence
not exceeding 30 days in contiguous territory or adjacent islands other
than Cuba;
(iii) Has maintained and intends to resume nonimmigrant status;
(iv) Is applying for readmission within the authorized period of
initial admission or extension of stay;
(v) Is in possession of a valid passport;
(vi) Does not require authorization for admission under INA
212(d)(3); and
(vii) Has not applied for a new visa while abroad.
(3) The provisions in paragraphs (d)(1) and (d)(2) of this section
shall not apply to the nationals of countries identified as supporting
terrorism in the Department's annual report to Congress entitled
Patterns of Global Terrorism."
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#19
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I had just been to the Niagara from the Canadian side. I am Indian citizen
on H1B, I had to take a single entry visitor visa to canada. They usually do
that at the Buffalo office, and will cost you $65.
"bhartiamit" <member34235@british_expats.com> wrote in message
news:[email protected] m...
> If i have a Valid I-94 but not a H1-B visa stamp on my passport can
> i cross the bridge at Niagra falls for a few hours and come back to
> USA based on just the I-94? Like say if I wanted to see the Niagra
> falls from the Canada Side, Can i cross over and cross back without
> any issues?
> Thanks!
> --
> Posted via http://britishexpats.com
on H1B, I had to take a single entry visitor visa to canada. They usually do
that at the Buffalo office, and will cost you $65.
"bhartiamit" <member34235@british_expats.com> wrote in message
news:[email protected] m...
> If i have a Valid I-94 but not a H1-B visa stamp on my passport can
> i cross the bridge at Niagra falls for a few hours and come back to
> USA based on just the I-94? Like say if I wanted to see the Niagra
> falls from the Canada Side, Can i cross over and cross back without
> any issues?
> Thanks!
> --
> Posted via http://britishexpats.com