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Re-Entering the U.S. After Several Changes of Visa Status

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  • 03-28-2015, 07:20 AM
    jacktseng724
    Re-Entering the U.S. After Several Changes of Visa Status
    I am a Taiwanese citizen who originally entered the US in 1995 with B-2 visa and then was able to changed to F-1 status. I have maintained my student status throughout my stay in the US until 2012, then I got a job and then switched to H1b status. I have never left the US except only traveled to Canada once in 2001 and was able to come back using automatic revalidation. I am planning on going to Canada again soon for a conference, will I have trouble coming back to US using automatic revalidation? The thing I am worried about is that I have an expired B-2 visa, and changed my status twice (to F-1 and then H1B status again) without going back to Taiwan to renew visa. Can they randomly reject my entry?

    Another question, I am not planning to renew my H1b visa at Canada. I know that I will not be able to return to US with automatic revalidation if my visa application gets rejected. But, if I do apply, what's my chance of getting it approved there (as a third country visa) since H1b is a dual-intent visa status? Please help!! Thanks in advance!!
  • 03-28-2015, 07:51 AM
    Mr. Knowitall
    Re: Re-Entering the U.S. After Several Changes of Visa Status
    If you are stating that you have a valid H1-B visa and continue to hold a job with the sponsoring employer, then your re-entry on your H1-B visa should be non-controversial.

    If you have quit your H1-B job and intend to relocate to Canada, you should not attempt to reenter the U.S. based on the misrepresentation that you are in valid H1-B status. If you intend to return and get a job, you will need a new sponsoring employer and will need to 'transfer' your H1-B.
  • 03-28-2015, 09:12 AM
    jacktseng724
    Re: Re-Entering the U.S. After Several Changes of Visa Status
    Thanks for your reply! I will maintain my US job. I am only visiting Canada for a conference. So, just to clarify, I will be able to enter the U.S. using my expired B-2 visa stamp from 1995, and my current H1b I-94?
  • 03-28-2015, 09:38 AM
    Mr. Knowitall
    Re: Re-Entering the U.S. After Several Changes of Visa Status
    No, you will not enter on B-2 tourist status because you are now in H1-B status. You will enter under your current, valid H1-B status.
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