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  #1 (permalink)  
Old 10-11-2010, 09:21 PM
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Question Travelling to Canada

Hi,

I came to US in 2006 on F1 visa. In 2009, I got my H1B, but its not stamped. I have a valid I-94.
Can I visit Canada and come back to U.S on my H1B.

Thanks in advance!
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  #2 (permalink)  
Old 10-13-2010, 07:01 PM
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Quote:
Originally Posted by yankee View Post
Hi,

I came to US in 2006 on F1 visa. In 2009, I got my H1B, but its not stamped. I have a valid I-94.
Can I visit Canada and come back to U.S on my H1B.

Thanks in advance!
No, you need to get the H1 stamped to reflect the change of status before you can come back on h1b.
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  #3 (permalink)  
Old 10-14-2010, 07:00 AM
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Thanks for your reply.But cant i use automatic visa revalidation,my F-1 visa is valid until jun 2011.
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  #4 (permalink)  
Old 10-14-2010, 10:34 AM
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Default Change of Status

When you applied for H1B and got approved your current status will be H1B.

You can't come back to US on F1 as its already expired due to change in status from F1 to H1B. Even though if you are able to come inside without trouble in future you will face issues.

Get H1B stamp done and come back. I think as this is your first time on H1B, you need to go home country I believe.
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  #5 (permalink)  
Old 10-14-2010, 10:47 PM
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Yankee,

Ignore the replies, they are completely incorrect!

Simply put, you can enter Canada and return without stamping a visa as long as:

1.) Your visit is less than 30 days
2.) Your I-94 is still valid (the one on your I-797 H1 approval notice is perfectly OK)
3.) You do not visit any other country from Canada
4.) Not a citizen of a country listed by Dept. of State as state sponsor of terrorism
5.) You apply for US visa in Canada and are not denied (which does apply for since you wont be
applying for visa)

Your current F1 visa stamp has no meaning... your H1B I-797 does and that is what will get you entry inside the US under the AVR rule.

I have done that several times without any issues ! (even when my actual US visa stamp had expired). Once, they just issued a new I-94 at the port of entry for $6.

Remember to carry your employment verification letter and other proof of employment.

Last edited by shreekhand; 10-14-2010 at 10:50 PM.
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  #6 (permalink)  
Old 10-15-2010, 08:29 AM
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Thanks for the reply..So automatic visa revalidation works, if the type of visa changes also.
(F-1 to H1B).I am going to canada for two days by car.
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  #7 (permalink)  
Old 10-15-2010, 08:38 AM
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Default Post your comments once you come back

Yankee, Post your experience once you come back.
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  #8 (permalink)  
Old 11-07-2010, 08:49 PM
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I went to Canada and came back to US on Nov -6-2010. using automatic visa revalidation .The officer asked me the 1-94.1-797.and my old F-1 visa on the passport. It took only three minutes and we were ready to go!!!
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  #9 (permalink)  
Old 11-09-2010, 10:44 PM
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Told ya ! Thanks for the update...

Glad you used AVR and didn't chicken out like some do
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