how do i come back to US after canada landing? Do I need to get a visa or I can come back with current I94 or I797 (i am H1)? I know people have come back with their current I94 or I797? But does anyone have a problem coming back because it is lawfully not correct.
According to the law "not Canadian permanent residents (landed immigrants) who do not yet have a U.S. nonimmigrant visa in their passports" is eligible for automatic visa revalidation.
Automatic revalidation is a limited exception to the requirement that all nonimmigrants have valid visa stamps in the nonimmigrant category of their proposed admission.
Under US CIS and Department of State regulations, nonimmigrants who are departing the United States for not more than 30 days to travel only to Mexico or Canada (or in some cases, also “adjacent islands”), and who are:
· not nationals or citizens of Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba;
· not applicants for a visa at a U.S. Consulate; or
· not Canadian permanent residents (landed immigrants) who do not yet have a U.S. nonimmigrant visa in their passports;
are eligible for “automatic revalidation”.
Such nonimmigrants are not required to surrender their original Form I-94, and may instead provide a photocopy of the Form I-94 upon leaving the U.S. and are admissible even if they do not have a valid visa stamp when applying for readmission into the U.S. Such nonimmigrants can use the Form I-94 together with the following documents:
F-1s and dependents must have a Form I-20 ID and properly endorsed Form I-20 A-B;
J-1s and dependents must have a valid DS-2019 (formerly known at IAP-66) showing date of expiration of stay;
H-1Bs, L-1s, or O-1s and dependents must have a Form I-797 Approval Notice with new I-94, if applicable. Note that those in H, L, or O status cannot use this exception to travel to adjacent islands, only to Canada or Mexico.