+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Can I leave and come back after living in Canada as PR for about 1.5 years?

jakklondon

Hero Member
Oct 17, 2021
582
139
The wording is awkward, but I think you are referring to this:

  • Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;

The F and J portion refers to the adjacent island. So nonimmigrants generally can go to Canada and Mexico and come back using this rule. F and J holders can additionally go to adjacent islands (i.e Carribeans). Note: this was the wording when I looked up the rule many years back. This is an explanation of the rule from Dartmouth's international office:

https://ovis-intl.dartmouth.edu/immigration/h-1b-employees/h-1b-travel

AUTOMATIC REVALIDATION
After initial entry to the U.S., nonimmigrants who have an expired visa in their passport may re-enter the U.S. without obtaining a new visa if their travel was solely to the contiguous countries of Canada and Mexico. F and J visa holders may also be able to benefit from Automatic Revalidation after travel to the Caribbean Islands (excluding Cuba). Travel must be for a period of fewer than 30 days. This procedure is known as Automatic Revalidation of the U.S. visa.

And it looks like based on some anecdotal evidence, this rule still works (based on a few reddit threads)
https://www.reddit.com/r/h1b/comments/q2l1fk https://www.reddit.com/r/askimmigration/comments/e5v8gy
For me, I did not want to spend more time applying for a visa. CIC for whatever reason took a bit longer than what was expected, so by the time they issued my PR visa I only had 1.5 months to land (due to medicals close to expiring). The worst-case scenario was that automatic revalidation didn't work, and I would apply for a visa while in Canada as a Third Country National, but it didn't come down to that.

EDIT: Here's the relevant regulation...

https://www.ecfr.gov/current/title-22/chapter-I/subchapter-E/part-41/subpart-K/section-41.112#p-41.112(d)(1)

(d) Automatic extension of validity at ports of entry.


(1) Provided that the requirements set out in paragraph (d)(2) of this section are fully met, the following provisions apply to nonimmigrant aliens seeking readmission at ports of entry:

(i) The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission; and
(ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.

(2) The provisions in paragraph (d)(1) of this section are applicable only in the case of a nonimmigrant alien who:

(ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;
Do you have official source, which says you can re-enter US with valid I-94 and expired H1b visa? As I mentioned above, this was common years back, before Triple Hermetic Occult/Orwellian Border Control Enhancement BS*** initiatives, but I don't know if it's still a rule.

-----
*** I call it BS, because while they are harassing, intimidating and obstructing individuals who passed through dozens of background checks, including intelligence and police checks from country of origin and intended residence, millions of illegal immigrants pour through open borders, with zero control on who is coming.
 

RocketCity

Star Member
Mar 15, 2013
123
12
Category........
Visa Office......
BIQ Montreal
NOC Code......
U062
Job Offer........
Pre-Assessed..
App. Filed.......
21-11-2012
Nomination.....
26-02-2014
AOR Received.
09-05-2014
Med's Request
09-05-2014
Med's Done....
19-05-2014
Interview........
26-02-2014
Passport Req..
RPRF Request 02-03-2015, PPR Request 10-03-2015
Do you have official source, which says you can re-enter US with valid I-94 and expired H1b visa? As I mentioned above, this was common years back, before Triple Hermetic Occult/Orwellian Border Control Enhancement BS*** initiatives, but I don't know if it's still a rule.

-----
*** I call it BS, because while they are harassing, intimidating and obstructing individuals who passed through dozens of background checks, including intelligence and police checks from country of origin and intended residence, millions of illegal immigrants pour through open borders, with zero control on who is coming.
The CFR (Code of Federal Regulations) is as official as it gets. If you're unfamiliar with the CFR:
https://en.wikipedia.org/wiki/Code_of_Federal_Regulations

Refer to here:

https://www.ecfr.gov/current/title-22/chapter-I/subchapter-E/part-41/subpart-K/section-41.112#p-41.112(d)(1)

and it's not just H-1Bs....it's all nonimmigrant visa holders. With F and J (student) visa holders having extra Automatic Revalidation privileges to the "adjacent islands".
 

jakklondon

Hero Member
Oct 17, 2021
582
139
Do you have official source, which says you can re-enter US with valid I-94 and expired H1b visa? As I mentioned above, this was common years back, before Triple Hermetic Occult/Orwellian Border Control Enhancement BS*** initiatives, but I don't know if it's still a rule.

-----
*** I call it BS, because while they are harassing, intimidating and obstructing individuals who passed through dozens of background checks, including intelligence and police checks from country of origin and intended residence, millions of illegal immigrants pour through open borders, with zero control on who is coming.
I repeat my question: do you have an official source confirming that h1b holders (not F and J visa holdrrs), as of 2021, are allowed to re enter with expired h1 visa and current I-94? This was allowed in past, question is how about now.
And two things to note: it's an off topic here. And as US citizen not something concerning to me.
 

jakklondon

Hero Member
Oct 17, 2021
582
139