QUESTION

Can I travel to Alaska during I-94 extension period?

Asked on Mar 28th, 2012 on Immigration - Missouri
More details to this question:
I have an expired H1b stamping on my passport, but have a valid I-797 (I-94) extension till 2015. Can I travel to Alaska during the I-94 extension period as Alaska is outside mainland USA? I will be travelling through direct flight and will not be stopping in any other country in between. Will I be made to go through immigration checks on returning back from Alaska? Also, in case my flight makes an emergency layover in any Canadian airport and I have to wait at the airport, will that be considered as having travelled out of USA and will I need to pass through immigration checks while returning back? Any information will be very helpful. Thanks.
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1 ANSWER

Traveling directly to and directly from Alaska should not be seen as departing the U.S.  You should not need a new visa to travel to Alaska if you never depart the U.S. If you do end up in Canada, you may be able to use automatic visa revalidation to return.    In general, automatic visa revalidation applies when: (i) You are in possession of a valid Form I-94, Arrival-Departure Record, endorsed by DHS to show an unexpired period of initial admission or extension of stay; (ii) You are traveling to canada ro mexico for less than 30 days; (iii) You have properly maintained nonimmigrant status and intend to resume nonimmigrant status; (iv) You are applying for readmission within the authorized period of initial admission or extension of stay on your I-94; (v) You are in possession of a valid passport; (vi) You do not require a non-immigrant waiver; (vii) You have not applied for a new visa while in Canada or Mexico. ****  Some nationals do not qualify for automatic visa revalidation.  These provisions do not apply to the nationals of countries identified as supporting terrorism in the Department's annual report to Congress entitled Patterns of Global Terrorism. *** Automatic visa revalidation can still apply even if you have changed status from within the U.S. since your last entry.  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. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    
Answered on Apr 02nd, 2012 at 6:57 PM

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