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Re-entry to US with revalidation

Discussion in 'TCN NIV applications in Canada' started by manssy, Sep 13, 2012.

  1. manssy

    manssy Junior Member

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    Ron,

    You mentioned before that if I apply for visa in Canada, I am not eligible for re-validation and re-entering the US while background check is in process. Does this also apply if my F1 visa is still valid till 2014? Can I use it to re-enter US on F1 OPT status given that my H1B start date is October 1st, so I still have the rest of September on F1 status?? I am currently on extended OPT since I applied for H1B before my OPT EAD card expires.

    Please advise as I am stuck in Vancouver waiting for background check. I am afraid it will take long time.

    Thanks,
    Mo
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Re-entry to US with revalidation

    Automatic visa revalidation is not available if you apply for a new visa while in Canada or Mexico. If you have a still-valid visa in your passport and are entitled to that status, you most definitely may use that visa as a re-entry document. This is why I so strongly recommend that people with existing H1B visas go to Canada or Mexico to apply for a new H1B before their current visas expire.
     

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