Singlbird

Hello All,

I got my Landing, I have a Valid I-94 till 2005 and my B1 visa had
expired, can i do the landing and come back to the U.S with the
valid 1-94.

Any response on this question is highly appreciated, as I need to take a
decision in two weeks.

I am so concerned about not coming back and losing my job is the US as i
am the main support for my family back home.



Thank you in advance

Ravi Rao

In article <>, singlbird wrote:

    > I got my Landing, I have a Valid I-94 till 2005 and my B1 visa had
    > expired, can i do the landing and come back to the U.S with the
    > valid 1-94.

That is obviously not the recommended way. The US visa
regulations specify that a person may attempt to make an entry with
expired visas/i-94s on the *same* category (B-1 -> B-1, or B-2 -> B-2 etc.)
and it is completely upto the discretion of the immigration officer at
the port of entry to decide to let them pass through. If however,
the person had applied *And* gotten rejected, they will not be
admitted into the U.S.A.

You could try, and chances are, you will prolly be let through,
but then you will certainly have restrictions like they might void
your current i-94, issue a new one valid for 1 week or 10 days or
whatever, within which you are expected to fix the problem.

Obviously, the immigration officer needs to be convinced you
are attempting an entry into U.S.A. for emergency reasons. "I need to
work for the next six months" does not, IMHO, count, so I wouldn't
be overly confident.

Also, are you __SURE__ it is valid upto 2005? That is really
really strange, because by definition, I-94s are given to a max length
of only 6 months, and in _exceptional_ circumstances, to one year.

Even if you got your I-94 only yesterday, it would be good
only until October 2004 ... you might want to re-check this.

    > Any response on this question is highly appreciated, as I need to take a
    > decision in two weeks.

If you have > 2 weeks, you really should try and get a US Visa
renewal. If you are inside Canada, it should be quite simple (even
if you live in some "high traffic" city like Montreal) because you could
simply drive to a "low traffic" city like Ottawa, and get it done.

I would strongly recommend the above.

Hope this helps,

--ravi.

Webcrawler

In addition to the below, see this:

U.S. Department of State
Bureau of Consular Affairs
Border Countries - Canada and Mexico

http://travel.state.gov/tcn.html

I am guessing that you have a B-1 *stamp* but have valid H-1B (or some
other work permit) approval and I-94.

In your case, it may be best to apply for US visa in a Canadian
consulate (keeping in mind that if denied, you cannot re-enter the
US).
A safer option is to use the visa revalidation service of Department
of State in St. Louis.
That process is taking between 4 - 6 months now-a-days.

Best wishes

Ravi Rao <ravi-> wrote in message news:<>...
    > In article <>, singlbird wrote:
    >
    > > I got my Landing, I have a Valid I-94 till 2005 and my B1 visa had
    > > expired, can i do the landing and come back to the U.S with the
    > > valid 1-94.
    >
    > That is obviously not the recommended way. The US visa
    > regulations specify that a person may attempt to make an entry with
    > expired visas/i-94s on the *same* category (B-1 -> B-1, or B-2 -> B-2 etc.)
    > and it is completely upto the discretion of the immigration officer at
    > the port of entry to decide to let them pass through. If however,
    > the person had applied *And* gotten rejected, they will not be
    > admitted into the U.S.A.
    >
    > You could try, and chances are, you will prolly be let through,
    > but then you will certainly have restrictions like they might void
    > your current i-94, issue a new one valid for 1 week or 10 days or
    > whatever, within which you are expected to fix the problem.
    >
    > Obviously, the immigration officer needs to be convinced you
    > are attempting an entry into U.S.A. for emergency reasons. "I need to
    > work for the next six months" does not, IMHO, count, so I wouldn't
    > be overly confident.
    >
    > Also, are you __SURE__ it is valid upto 2005? That is really
    > really strange, because by definition, I-94s are given to a max length
    > of only 6 months, and in _exceptional_ circumstances, to one year.
    >
    > Even if you got your I-94 only yesterday, it would be good
    > only until October 2004 ... you might want to re-check this.
    >
    > > Any response on this question is highly appreciated, as I need to take a
    > > decision in two weeks.
    >
    > If you have > 2 weeks, you really should try and get a US Visa
    > renewal. If you are inside Canada, it should be quite simple (even
    > if you live in some "high traffic" city like Montreal) because you could
    > simply drive to a "low traffic" city like Ottawa, and get it done.
    >
    > I would strongly recommend the above.
    >
    > Hope this helps,
    >
    > --ravi.

Compiler

Haven't you heard a person can reenter the USA with a valid Form I-94
if traveling to the Canada within 30 days?

Zabed

U can use automatic visa revalidation if u stay here not more than 30
days, don't apply for visa and have a valid I-94.

(WebCrawler) wrote in message news:<>...
    > In addition to the below, see this:
    >
    > U.S. Department of State
    > Bureau of Consular Affairs
    > Border Countries - Canada and Mexico
    >
    > http://travel.state.gov/tcn.html
    >
    > I am guessing that you have a B-1 *stamp* but have valid H-1B (or some
    > other work permit) approval and I-94.
    >
    > In your case, it may be best to apply for US visa in a Canadian
    > consulate (keeping in mind that if denied, you cannot re-enter the
    > US).
    > A safer option is to use the visa revalidation service of Department
    > of State in St. Louis.
    > That process is taking between 4 - 6 months now-a-days.
    >
    > Best wishes
    >
    > Ravi Rao <ravi-> wrote in message news:<>...
    > > In article <>, singlbird wrote:
    > >
    > > > I got my Landing, I have a Valid I-94 till 2005 and my B1 visa had
    > > > expired, can i do the landing and come back to the U.S with the
    > > > valid 1-94.
    > >
    > > That is obviously not the recommended way. The US visa
    > > regulations specify that a person may attempt to make an entry with
    > > expired visas/i-94s on the *same* category (B-1 -> B-1, or B-2 -> B-2 etc.)
    > > and it is completely upto the discretion of the immigration officer at
    > > the port of entry to decide to let them pass through. If however,
    > > the person had applied *And* gotten rejected, they will not be
    > > admitted into the U.S.A.
    > >
    > > You could try, and chances are, you will prolly be let through,
    > > but then you will certainly have restrictions like they might void
    > > your current i-94, issue a new one valid for 1 week or 10 days or
    > > whatever, within which you are expected to fix the problem.
    > >
    > > Obviously, the immigration officer needs to be convinced you
    > > are attempting an entry into U.S.A. for emergency reasons. "I need to
    > > work for the next six months" does not, IMHO, count, so I wouldn't
    > > be overly confident.
    > >
    > > Also, are you __SURE__ it is valid upto 2005? That is really
    > > really strange, because by definition, I-94s are given to a max length
    > > of only 6 months, and in _exceptional_ circumstances, to one year.
    > >
    > > Even if you got your I-94 only yesterday, it would be good
    > > only until October 2004 ... you might want to re-check this.
    > >
    > > > Any response on this question is highly appreciated, as I need to take a
    > > > decision in two weeks.
    > >
    > > If you have > 2 weeks, you really should try and get a US Visa
    > > renewal. If you are inside Canada, it should be quite simple (even
    > > if you live in some "high traffic" city like Montreal) because you could
    > > simply drive to a "low traffic" city like Ottawa, and get it done.
    > >
    > > I would strongly recommend the above.
    > >
    > > Hope this helps,
    > >
    > > --ravi.

Raghu

I am sure you will not atleast lose Canadian Residency, in this
situation.

You can always come back to USA, once you obtain proof of residency in
CANADA. If you apply for USA VISA from CANADA, then you need proof of
residence, Electricity bills/bank account, property Docs Etc., and you
can take this risk considering the situation you are in.



Remember, if you do not want to take risk, you will loose the CANADIAN
Residency!!! Its upto you. But, I strongly suggest you go ahead with
it regardless of the consequences.



Use RAINBOWBRIDGE at the naigara Falls/International falls, USA/CANADA
border. Just show them your valid VISA & valid I-94



Thats the best thing to do. There are some stupid Immi. Officers manning
the gates(checkposts) on the US side.

I have experienced it. Just be confident when you talk to them. Its a
matter of 1 minute & i am sure you will get over it!!



~Raghu

Web_guru2003

you can live in USA with a valid I-94 and Expired visa but you CANNOT
enter in USA with valid-I-94 and Expired visa. When exiting
Immigration officials will collect your I-94 anyway

singlbird <member@british_expats.com> wrote in message news:<>...
    > Hello All,
    >
    > I got my Landing, I have a Valid I-94 till 2005 and my B1 visa had
    > expired, can i do the landing and come back to the U.S with the
    > valid 1-94.
    >
    > Any response on this question is highly appreciated, as I need to take a
    > decision in two weeks.
    >
    > I am so concerned about not coming back and losing my job is the US as i
    > am the main support for my family back home.
    >
    >
    >
    > Thank you in advance

Applicant

Thanks for all the info.



You had mentioned something about the NY/ON land border crossings much
more easier and knowledgeable on Automatic Visa Revalidation.



What the Immigration at Toronto airport?



Which is a safer bet land or air.



Thanks. - Applicant.

Compiler

What do you mean by "if you do not want to take risk, you will loose
the CANADIAN Residency!!!"? Are you implying to apply for the visa
will be better? Since he can safely reenter the US with a valid I-94,
why he needs to apply for a visa?

Can't a person return to the USA after landing? Must the person submit
the I-94 to the visa officer at the port?

You don't need to show your any US immigration documentation at the
port at all. It's none of the Canadian immigration business. It is
normal the person needs to go back to the US for finishing something
there.

It seems we need someone such as an H-1B to post his reenter
experience with his I-94 to stop the discussion. Is there anyone
there?
----------------------------------------------------------------------------
Raghu <member@british_expats.com> wrote in message news:<>...
    > I am sure you will not atleast lose Canadian Residency, in this
    > situation.
    >
    > You can always come back to USA, once you obtain proof of residency in
    > CANADA. If you apply for USA VISA from CANADA, then you need proof of
    > residence, Electricity bills/bank account, property Docs Etc., and you
    > can take this risk considering the situation you are in.
    >
    >
    >
    > Remember, if you do not want to take risk, you will loose the CANADIAN
    > Residency!!! Its upto you. But, I strongly suggest you go ahead with
    > it regardless of the consequences.
    >
    >
    >
    > Use RAINBOWBRIDGE at the naigara Falls/International falls, USA/CANADA
    > border. Just show them your valid VISA & valid I-94
    >
    >
    >
    > Thats the best thing to do. There are some stupid Immi. Officers manning
    > the gates(checkposts) on the US side.
    >
    > I have experienced it. Just be confident when you talk to them. Its a
    > matter of 1 minute & i am sure you will get over it!!
    >
    >
    >
    > ~Raghu

Compiler

So, your I-94 has been collected when you re-entered the US or you
just made such a dream last night. Are you going to detail your real
experience? Here is the info for you. You may find it in the DOS
regulation (22 CFR § 41.112(d))

Traveling to Canada or Mexico for less than thirty days.

Automatic Revalidation
If you have an expired non-immigrant visa stamp in your passport (for
example F or J) and you have a valid I-94 card stating your current
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:
Requirements
· 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 status
· you do have an expired non-immigrant visa in your passport
· you do not apply for a U.S. visa while in Canada or Mexico
· you are not from one of the countries currently considered by the
U.S. federal government to be state sponsors of terrorism (as of
08/07/2003 this includes Iran, Iraq, Syria, Libya, Sudan, North Korea
and Cuba)

I-94 Card
For automatic revalidation to apply to you, you must be careful to
keep your I-94 card when leaving the U.S. When you re-enter the U.S.,
present your I-94 card along with your valid passport, expired visa
and your valid immigration document (I-20, DS-2019 or I-797 in the
case of someone in H1B or O visa status).

Changes of Status and Automatic Revalidation
The automatic revalidation will also work for someone who originally
entered the U.S. in one non-immigrant status (such as F1) and has
since changed to another non-immigrant status (such as H1B). The
expired F1 visa will be considered to be revalidated and changed to
H1B for the entry from Canada or Mexico.
-----------------------------------------------------------------------------
(Web_Guru2003) wrote in message news:<>...
    > you can live in USA with a valid I-94 and Expired visa but you CANNOT
    > enter in USA with valid-I-94 and Expired visa. When exiting
    > Immigration officials will collect your I-94 anyway
    >
    > singlbird <member@british_expats.com> wrote in message news:<>...
    > > Hello All,
    > >
    > > I got my Landing, I have a Valid I-94 till 2005 and my B1 visa had
    > > expired, can i do the landing and come back to the U.S with the
    > > valid 1-94.
    > >
    > > Any response on this question is highly appreciated, as I need to take a
    > > decision in two weeks.
    > >
    > > I am so concerned about not coming back and losing my job is the US as i
    > > am the main support for my family back home.
    > >
    > >
    > >
    > > Thank you in advance