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So i am currently on H1B visa. Planning to move to Canada soon, i would like to complete my obligation to finish the soft landing for the Canadian PR application.I want to transition to US to Canada very smoothly and would very much like to come back to take care of final formalities in USA. Can i come back into the USA without any Visa Stamping in the US Consulate in Canada, if i come back in 30 days or less. I may be will have 4 months left on my H1B and would like to use the Automatic Visa Re validation to enter back into the USA without hassle.

Thanks Bharat C P

UPDATE

I WAS ABLE TO COME BACK INTO USA WITHOUT MUCH HASSLE. I DID LEAVE THE COUNTRY WITHOUT A H1B VISA STAMPING STILL ON MY OLD F1 STAMPING. THE AGENT JUST ASKED FOR MY OLD PASSPORT AND VISA.

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  • Does "4 months left on my H1B" refer to the expiration date on the visa sticker in your passport? If so, there's no need to concern yourself with automatic revalidation because your visa will be valid. However you do need to be admissible in H-1B status, which I think means you still need to be employed for the petitioning employer.
    – phoog
    Commented Jan 25, 2020 at 17:50
  • Is there a question in there somewhere?
    – Doc
    Commented Jan 25, 2020 at 19:52
  • Actually i have not been out of the country since this petition started in 07/09/2017 and it has approval till 07/09/2020. So my question is let us say i leave the country on 04/02/2020 and come back in 04/15/2020. Yes i will be employed by the time i come back So how do i prove that. What are the documents i take for Automatic Visa Revalidation.
    – Bharat C Penumutchu
    Commented Jan 26, 2020 at 7:17
  • Automatic visa revalidation applies to people whose visa stickers have expired, but who are still authorized to be in the US. You have indicated that your visa sticker will not have expired when you make the trip, so automatic revalidation is not relevant.
    – phoog
    Commented Jan 26, 2020 at 16:29
  • Please add your update as an answer and accept it. Thanks!
    – phoog
    Commented Dec 20, 2020 at 17:36

1 Answer 1

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Yes, under the conditions you described, you are eligible for revalidation after a brief trip from the US to Canada or Mexico. Here are the conditions for automatic revalidation listed at cbp.gov. The last paragraph is about your case, revalidation after changing status to H-1B/H-2B/L/J:

A person is eligible for automatic visa revalidation provided the following conditions are met:

  • The underlying authorization for the current status continues to be valid for the Form I-129 for non-immigrant workers and Form I-20 for students in F status.

  • The person's absence from the U.S. was 30 days or less.

  • The person did not visit any countries other than Mexico or Canada in that period. Travelers who are on a F visa or J visa status are allowed to visit adjacent islands to the U.S.(i.e., the Caribbean).

  • The person does not have a pending or rejected application for a new visa. Since it is not possible to renew a non-immigrant visa in the U.S., a person on a non-immigrant visa may travel to a nearby country to apply for a new visa.

  • The person is not a citizen of one of the countries designated by the U.S., as a state sponsor of terrorism.

If you changed your status to H-1B/H-2B/L/J and want to re-validate with a valid or expired visa of a different classification, you can do so provided you meet the requirements under 8 CFR 214.1 (a)(3)(b) [sic] and 22 CFR 41.112(d), you may apply for admission to resume your non-immigrant status.

The regulations it mentions say essentially the same rules: 8 CFR 214.1 (a)(3) and (b) and 22 CFR 41.112(d)

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