Traveling on an H1-B

Old May 16th 2001, 7:43 am
  #1  
Tom
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I am a Canadian citizen on the second leg of an H1-B visa (Year 4).

I am planning a 2 week holiday in the Ukraine, and am totally confused about the
re-entry requirements. I do not have a visa stamp because, Canadians do not require a
visa. From what I understand, I can travel to Canada or Mexico for under 30 days and
nothing else is required.

But, I cannot seem to get a concrete answer if I travel outside of Canada or Mexico.
In calling the American Consulate in Canada, they say that they will not stamp my
visa, because it is not required for Canadians. In speaking with the American
Consulate in the Ukraine, they said that I will have to submit all papers, including
the original H1-B petition and they will consider my visa.

I really do not want to leave getting back to the U.S. to chance?

Does anyone have any knowledge about this situation?

Thank you Tom
 
Old May 16th 2001, 9:27 am
  #2  
Sylvia Ottemoeller
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Tom wrote:

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Citizens of Canada are exempt from the requirement for a visa (except for E and K
visas, and persons who have committed certain violations). Citizens of Canada may
simply present themselves at any port of entry to the U.S., coming from any country,
and request entry, without a visa.

Citizens of Canada must have all the proper paperwork for their status (such as
properly endorsed I-20 for F, IAP-66 for J, etc.) at the port of entry. They must
obtain a new Form I-94, unless they have been visiting Canada or Mexico for less
than 30 days.

For the regulatory authority, see 22 CFR section 41.2, accessible through
http://www4.law.cornell.edu/cfr/22p41.htm#22p41s2:
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Sec. 41.2 Waiver by Secretary of State and Attorney General of passport and/or visa
requirements for certain categories of nonimmigrants.

Pursuant to the authority of the Secretary of State and the Attorney General under
INA 212(d)(4), the passport and/or visa requirements of INA 212(a)(7)(B)(i)(I),
(i)(II) are waived as specified below for the following categories of nonimmigrants:

(a) Canadian nationals. A passport is not required except after a visit outside the
Western Hemisphere. A visa is not required.
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