Denis

Hello,

For those of you who have a good feel for this issue, I have a
question.

From F-1 I went to J-1 status while being in the US. So I am in status
but without a J-1 visa stamp in my passport. I have a new I-94.

I need to go to Canada for 17 days in less then two weeks. My program
visa worker said that because of the inside the US change of status I
can not use Automatic Revalidation option for a short visit to Canada
or Mexico. So I made an appointment in Toronto for the first day of my
trip (which by the way is a requirement for getting a Canadian Visa),
filed the electronic DS156, and my friend in Toronto has already today
payed the non-refundable 100 USD on Scotiabank deposits for this
appointment.

Now my program visa officer says that I CAN actually use the Automatic
Revalidation option and moreover she talked to some State Department
guy who told her that I most likely will face long background checks
in Toronto for my filed of study, which is computational aerodynamics.
I am from Russia.

I know nobody knows for sure how it would turn in my case, but if you
have any
knowledge about J-1 Visa application in Canada recently, please reply
what you think. I have to travel to Russia later this year and seen
some horror story in my friend's case... I know some say it is more
likely to be aproved in your home country, but I do not really belive
this - I think it is more a matter of ... basically luck.

I do not know about proving ties to my home country either - all I
have there is my parents, which is exactly what I had before when they
gave me F-1.

Also does having a currently running job, tons of bills, loans,
apartment mean anything? I mean that is my greatest fear in this case
- being stuck somewhere for many months without being able to pay
credit cards, rent, etc. I have immidiate serious ties to this country
one can say.

Thank you for your input.

Denis

Crg14624

Originally posted by Denis
    > Hello,
    >
    > For those of you
who have a good feel for this issue, I have a
    > question.
    >
    > From F-1
I went to J-1 status while being in the US. So I am in status
    > but
without a J-1 visa stamp in my passport. I have a new I-94.
    >
    > I need
to go to Canada for 17 days in less then two weeks. My program
    > visa
worker said that because of the inside the US change of status I
    > can
not use Automatic Revalidation option for a short visit to Canada
    > or
Mexico. So I made an appointment in Toronto for the first day of my
trip (which by the way is a requirement for getting a Canadian Visa),
filed the electronic DS156, and my friend in Toronto has already today
payed the non-refundable 100 USD on Scotiabank deposits for this
appointment.
    >
    > Now my program visa officer says that I CAN actually
use the Automatic
    > Revalidation option and moreover she talked to some
State Department
    > guy who told her that I most likely will face long
background checks
    > in Toronto for my filed of study, which is
computational aerodynamics.
    > I am from Russia.
    >
    > I know nobody knows
for sure how it would turn in my case, but if you
    > have any
    > knowledge
about J-1 Visa application in Canada recently, please reply
    > what you
think. I have to travel to Russia later this year and seen
    > some horror
story in my friend's case... I know some say it is more
    > likely to be
aproved in your home country, but I do not really belive
    > this - I
think it is more a matter of ... basically luck.
    >
    > I do not know
about proving ties to my home country either - all I
    > have there is my
parents, which is exactly what I had before when they
    > gave me F-1.

    > Also does having a currently running job, tons of bills, loans,
apartment mean anything? I mean that is my greatest fear in this case
- being stuck somewhere for many months without being able to pay
credit cards, rent, etc. I have immidiate serious ties to this country
one can say.
    >
    > Thank you for your input.
    >
    > Denis

I
don't see why you can't auto-reval. You need a visa that wasn't
canceled, your valid passport, the I-94, your i-797 approval, and your
DS-2019. However, applying for a visa can complicate things. You can't
auto-reval once you apply for the visa. It gets kind of hazy when you
decide what "apply for a visa" means. Is sending in $100 and a DS-156
considered applying for a visa, or do you have to actually go to the
appointment and get the consular application received stamp in your
passport? That is a difficult question to answer. If you go on your
trip, and don't go for more than 30 days, don't leave Canada, don't go
to the consulate, and have all of the relevant documents, then you will
most likely be admissible.

Ingo Pakleppa - see web site for email

On Wed, 12 May 2004 15:39:56 -0700, Denis wrote:

    > Hello,
    >
    > For those of you who have a good feel for this issue, I have a question.
    >
    > From F-1 I went to J-1 status while being in the US. So I am in status
    > but without a J-1 visa stamp in my passport. I have a new I-94.
    >
    > I need to go to Canada for 17 days in less then two weeks. My program
    > visa worker said that because of the inside the US change of status I
    > can not use Automatic Revalidation option for a short visit to Canada or
    > Mexico.

Incorrect information. Automatic revalidation works with *any* type of
visa. Essentially, your old F-1 visa is considered both extended until the
day you return, and also converted to a J-1 visa.

    > So I made an appointment in Toronto for the first day of my trip (which
    > by the way is a requirement for getting a Canadian Visa), filed the
    > electronic DS156, and my friend in Toronto has already today payed the
    > non-refundable 100 USD on Scotiabank deposits for this appointment.

*This* indeed will preclude you returning with automatic revalidation (at
least, if you actually show up at the consulate).

    > Now my program visa officer says that I CAN actually use the Automatic
    > Revalidation option and moreover she talked to some State Department guy
    > who told her that I most likely will face long background checks in
    > Toronto for my filed of study, which is computational aerodynamics. I am
    > from Russia.

Agreed.

    > I know nobody knows for sure how it would turn in my case, but if you
    > have any
    > knowledge about J-1 Visa application in Canada recently, please reply
    > what you think. I have to travel to Russia later this year and seen some
    > horror story in my friend's case... I know some say it is more likely to
    > be aproved in your home country, but I do not really belive this - I
    > think it is more a matter of ... basically luck.

It indeed is more likely to be approved in your home country. You would
likely face the long background checks in Russia, while Toronto would
simply outright deny the visa application.

    > I do not know about proving ties to my home country either - all I have
    > there is my parents, which is exactly what I had before when they gave
    > me F-1.

But now you also already have a long stay in the USA behind you, making
for stronger ties to the US.

    > Also does having a currently running job, tons of bills, loans,
    > apartment mean anything?

Yes - more ties to the USA :-(

    > I mean that is my greatest fear in this case - being stuck somewhere for
    > many months without being able to pay credit cards, rent, etc. I have
    > immidiate serious ties to this country one can say.

Personally, I would suggest you cancel the appointment in Toronto. If you
want to be really safe, don't travel to Russia at all. Although my guess
is that the situation may get better soon. It has gotten so unbearable
that the complaints are starting to make headlines in the NY Times.

Denis

crg14624 <member20421@british_expats.com> wrote in message news:<>...
    > Originally posted by Denis
    > > Hello,
    > >
    > > For those of you
    > who have a good feel for this issue, I have a
    > > question.
    > >
    > > From F-1
    > I went to J-1 status while being in the US. So I am in status
    > > but
    > without a J-1 visa stamp in my passport. I have a new I-94.
    > >
    > > I need
    > to go to Canada for 17 days in less then two weeks. My program
    > > visa
    > worker said that because of the inside the US change of status I
    > > can
    > not use Automatic Revalidation option for a short visit to Canada
    > > or
    > Mexico. So I made an appointment in Toronto for the first day of my
    > >
    > trip (which by the way is a requirement for getting a Canadian Visa),
    > >
    > filed the electronic DS156, and my friend in Toronto has already today
    > >
    > payed the non-refundable 100 USD on Scotiabank deposits for this
    > >
    > appointment.
    > >
    > > Now my program visa officer says that I CAN actually
    > use the Automatic
    > > Revalidation option and moreover she talked to some
    > State Department
    > > guy who told her that I most likely will face long
    > background checks
    > > in Toronto for my filed of study, which is
    > computational aerodynamics.
    > > I am from Russia.
    > >
    > > I know nobody knows
    > for sure how it would turn in my case, but if you
    > > have any
    > > knowledge
    > about J-1 Visa application in Canada recently, please reply
    > > what you
    > think. I have to travel to Russia later this year and seen
    > > some horror
    > story in my friend's case... I know some say it is more
    > > likely to be
    > aproved in your home country, but I do not really belive
    > > this - I
    > think it is more a matter of ... basically luck.
    > >
    > > I do not know
    > about proving ties to my home country either - all I
    > > have there is my
    > parents, which is exactly what I had before when they
    > > gave me F-1.
    > >
    >
    > > Also does having a currently running job, tons of bills, loans,
    > >
    > apartment mean anything? I mean that is my greatest fear in this case
    > >
    > - being stuck somewhere for many months without being able to pay
    > >
    > credit cards, rent, etc. I have immidiate serious ties to this country
    > >
    > one can say.
    > >
    > > Thank you for your input.
    > >
    > > Denis
    >
    > I
    > don't see why you can't auto-reval. You need a visa that wasn't
    > canceled, your valid passport, the I-94, your i-797 approval, and your
    > DS-2019. However, applying for a visa can complicate things. You can't
    > auto-reval once you apply for the visa. It gets kind of hazy when you
    > decide what "apply for a visa" means. Is sending in $100 and a DS-156
    > considered applying for a visa, or do you have to actually go to the
    > appointment and get the consular application received stamp in your
    > passport? That is a difficult question to answer. If you go on your
    > trip, and don't go for more than 30 days, don't leave Canada, don't go
    > to the consulate, and have all of the relevant documents, then you will
    > most likely be admissible.

Thanks,

The question though was not if I can "auto-reval" (we know now that I
can as I wrote), but if I should take a chance to go to the Visa
appointment, since later this year I probably will have to go Russia
and do it anyway but there.

Denis

Denis

Ingo Pakleppa - see web site for email <> wrote in message news:<>...
    > On Wed, 12 May 2004 15:39:56 -0700, Denis wrote:
    >
    > > Hello,
    > >
    > > For those of you who have a good feel for this issue, I have a question.
    > >
    > > From F-1 I went to J-1 status while being in the US. So I am in status
    > > but without a J-1 visa stamp in my passport. I have a new I-94.
    > >
    > > I need to go to Canada for 17 days in less then two weeks. My program
    > > visa worker said that because of the inside the US change of status I
    > > can not use Automatic Revalidation option for a short visit to Canada or
    > > Mexico.
    >
    > Incorrect information. Automatic revalidation works with *any* type of
    > visa. Essentially, your old F-1 visa is considered both extended until the
    > day you return, and also converted to a J-1 visa.
    >
    > > So I made an appointment in Toronto for the first day of my trip (which
    > > by the way is a requirement for getting a Canadian Visa), filed the
    > > electronic DS156, and my friend in Toronto has already today payed the
    > > non-refundable 100 USD on Scotiabank deposits for this appointment.
    >
    > *This* indeed will preclude you returning with automatic revalidation (at
    > least, if you actually show up at the consulate).
    >
    > > Now my program visa officer says that I CAN actually use the Automatic
    > > Revalidation option and moreover she talked to some State Department guy
    > > who told her that I most likely will face long background checks in
    > > Toronto for my filed of study, which is computational aerodynamics. I am
    > > from Russia.
    >
    > Agreed.
    >
    > > I know nobody knows for sure how it would turn in my case, but if you
    > > have any
    > > knowledge about J-1 Visa application in Canada recently, please reply
    > > what you think. I have to travel to Russia later this year and seen some
    > > horror story in my friend's case... I know some say it is more likely to
    > > be aproved in your home country, but I do not really belive this - I
    > > think it is more a matter of ... basically luck.
    >
    > It indeed is more likely to be approved in your home country. You would
    > likely face the long background checks in Russia, while Toronto would
    > simply outright deny the visa application.
    >
    > > I do not know about proving ties to my home country either - all I have
    > > there is my parents, which is exactly what I had before when they gave
    > > me F-1.
    >
    > But now you also already have a long stay in the USA behind you, making
    > for stronger ties to the US.
    >
    > > Also does having a currently running job, tons of bills, loans,
    > > apartment mean anything?
    >
    > Yes - more ties to the USA :-(
    >
    > > I mean that is my greatest fear in this case - being stuck somewhere for
    > > many months without being able to pay credit cards, rent, etc. I have
    > > immidiate serious ties to this country one can say.
    >
    > Personally, I would suggest you cancel the appointment in Toronto. If you
    > want to be really safe, don't travel to Russia at all. Although my guess
    > is that the situation may get better soon. It has gotten so unbearable
    > that the complaints are starting to make headlines in the NY Times.
    >
    > --
    > 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 support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > 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.

Thank you for your response, I read some other your responses to
simialr questions,

It seems that you share my feeling about not trying my luck for at
least this short Canadian trip, and trying to avoid the trip to Russia
later - which would be ideal scenario, but I have to extend my
passport, and they said I only can do it this time (I did it once
before in DC) in Moscow. If I get stuck there - this will be really
bad - at that moment I will be finishing a J-1 program here in a few
months and hopefully starting another H-1 program, both of which can
not wait. What a bummer. I like this country and it was a previllage
(spelling?)to be here, but not being able to travel is taking its tall
- I'm applying for Canadian residence while US officials here spend
years deciding to spend some money on the system that figures out who
is a terrorist and who is an obedient foreign national paying 30%
taxes.

Sylvia Ottemoeller

"Denis" <> wrote in message
news:...

    > crg14624 <member20421@british_expats.com> wrote in message
news:<>...

    > > Originally posted by Denis

    > > > For those of you who have a good feel for this issue, I have a
    > > > question.
    > > >
    > > > From F-1 I went to J-1 status while being in the US. So I am in
status
    > > > but without a J-1 visa stamp in my passport. I have a new I-94.
    > > >
    > > > I need to go to Canada for 17 days in less then two weeks. My program
    > > > visa worker said that because of the inside the US change of status I
    > > > can not use Automatic Revalidation option for a short visit to Canada
    > > > or Mexico. So I made an appointment in Toronto for the first day of
my
    > > > trip (which by the way is a requirement for getting a Canadian Visa),
    > > > filed the electronic DS156, and my friend in Toronto has already
today
    > > > payed the non-refundable 100 USD on Scotiabank deposits for this
    > > > appointment.
    > > >
    > > > Now my program visa officer says that I CAN actually use the Automatic
    > > > Revalidation option and moreover she talked to some State Department
    > > > guy who told her that I most likely will face long background checks
    > > > in Toronto for my filed of study, which is computational aerodynamics.
    > > > I am from Russia.
    > > >
    > > > I know nobody knows for sure how it would turn in my case, but if you
    > > > have any
    > > > knowledge about J-1 Visa application in Canada recently, please reply
    > > > what you think. I have to travel to Russia later this year and seen
    > > > some horror story in my friend's case... I know some say it is more
    > > > likely to be aproved in your home country, but I do not really belive
    > > > this - I think it is more a matter of ... basically luck.
    > > >
    > > > I do not know about proving ties to my home country either - all I
    > > > have there is my parents, which is exactly what I had before when they
    > > > gave me F-1.

    > > > Also does having a currently running job, tons of bills, loans,
    > > > apartment mean anything? I mean that is my greatest fear in this case
    > > >- being stuck somewhere for many months without being able to pay
    > > > credit cards, rent, etc. I have immidiate serious ties to this country
    > > > one can say.

    > > I
    > > don't see why you can't auto-reval. You need a visa that wasn't
    > > canceled, your valid passport, the I-94, your i-797 approval, and your
    > > DS-2019. However, applying for a visa can complicate things. You can't
    > > auto-reval once you apply for the visa. It gets kind of hazy when you
    > > decide what "apply for a visa" means. Is sending in $100 and a DS-156
    > > considered applying for a visa, or do you have to actually go to the
    > > appointment and get the consular application received stamp in your
    > > passport? That is a difficult question to answer. If you go on your
    > > trip, and don't go for more than 30 days, don't leave Canada, don't go
    > > to the consulate, and have all of the relevant documents, then you will
    > > most likely be admissible.

    > The question though was not if I can "auto-reval" (we know now that I
    > can as I wrote), but if I should take a chance to go to the Visa
    > appointment, since later this year I probably will have to go Russia
    > and do it anyway but there.

If you are prepared to have the Toronto post refuse your visa application,
and then travel directly to Russia to apply for the visa, then perhaps it is
worth taking the chance. If Toronto refuses the application, you cannot get
back into the U.S. without the visa.

Also, either in Toronto if Toronto accepts the application, or in Russia,
you may have a "Visa Mantis" check because of your field of technology is on
the Technology Alert List, as you mentioned. This could take several weeks,
and you will have to wait outside the U.S. You may consider consulting with
a good immigration attorney who is experienced in this area. See
http://www.ilw.com/lawyers/immigdail...3-seminar.shtm for an
outline of a continuing education seminar for immigration attorneys,
covering this topic.