Canada soft landing on h1b and F1 visa question?
3 attorney answers
Yes, assuming there are no other issues, you should be able to.
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Yes, all other things being equal you should be able to, as long as remain in CDN for less than 30 days.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
From your facts, you wife is fine with an unexpired visa stamp, D/S I-94 and unexpired I-20 with TRAVEL AUTHORIZATION from the DSO.
It is you that will need to utilize automatic visa revalidation. In that regard, you didn't give us enough information about your H-1B. Same employer? Not a 'job shop' that sent you to client worksites? No extension filed? No 'downtime' without paychecks?
You would probably find it helpful to have a Skype consultation and file review with an attorney ... just click on one of our names to find our e-mail address.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.