Is extension of visa possible?

[clayheart]

Hi, we just received our passport request and from what I understand, the visa that will be stamped is good for one year from medical exam. What if we're not really ready to relocate because there is still a good job here in the US? We're on H1B (good till March 2009) but we don't have a visa stamped on the passport. We also heard that you can land and immediately come back to the US but as we don't have a US visa stamp, that's not possible (unless we have our US visa stamped after landing - but I'm not sure how US will view that).

Any advice/been there done that stories welcome, please! Thanks.

[Eduardo Picazo]

Hi Clayheart

As long as you have legally status in the US you should not have any Issue, just give them a friend's address in Canada and you can return to the US. Also you don't need to have the US visa stamped in the passport, I guess you have the US Visa like credit Card right? just send them a hard copy along with your passport just in case.

“Unless you had overstayed, and you have been working without permit, you will probably have problems when you went back to the US” I hope this is not the case


Regards and good luck
Eduardo       

[gyucel23]

It is not possible to extend the visa. We had a similar situation.
But you can easily land in Canada, get your H1B stamped at the US consulate, and go back to US with no problems.
For H1B stamping, you need to make an appointment with the consulate.
Also when you land in Canada, they will ask you if you are moving to Canada. In your case, you are not. You can tell them the truth: "we are not moving right now, we ll stay in US until such date, and then move to Canada permanently." Make sure you give them a friend's address in Canada. The PR card will be mailed within 3-4 weeks.
Within the first 5 years, you need to be present in Canada for at least 2 years to maintain your residency.

[Ozzie]

OK.. lets get clear on one thing... If you are travelling to Canada or Mexico ... you dont need a visa to come back to US!... (North American Free Trade Agreement (NAFTA). 
If you are in US with H-1 B status, you can go to any of the above mentioned countries, and return back to US within 30 days... all you need is  a (valid) I-94 which I'am sure you have it... Now if you stay more than 30 days than you have to go to US embassy get your passport stamped,and then return to US..
 So I dont see any problem going to Canada, and returning to US within 30 days..

 That was the case till yesterday... now I would suggest contact a US immigration attorney for a better answer.

Chao!

[Eduardo Picazo]

My Friend Ozzy

I am afraid that the NAFTA is not a reciprocity trade after all.

US citizens can come into Mexico without Visa but Mexican citizens are required for US VISA in order to cross into the US

We, the Mexican do not require Visa for Canada but US don't like us that much

that's Why I choose Canada!!! Cheers

[clayheart]

Mr. Picazo, don't take it personally, the US doesn't like many other nationalities, lol.

Thanks for all your responses. I have to check on what Ozzie said. It falls under automatic revalidation I think, unless you ATTEMPT to get a visa, in which case, if it is denied, you're stuck.

The US visa is not like a credit card; it's a stamp on the passport. Eduardo, I think you are referring to the EAD (which is a whole different ballgame altogether). So even if you have an approved I-797 (basically a work permit H1B/H4 for spouse) which allows you to *stay* and *work* and do everything else, you can't enter and reenter unless you have the actual VISA. As far as I know.

I'm telling you, after all this, I could probably work as an immigration paralegal both for US and Canada!!!

Thanks again for all your responses.
Clayheart

[Eduardo Picazo]

 Hi clayheart

I am agree with you, I meant to say all around the world..., it was just a comment nothing personal

On the other hand maybe I did not explain myself about how does the new visa's looks like, “its shape”.

The new ones (at least from the last 8 years) the US Visa is not stamped along the passport, it is issued by separate, when I said that it was like a credit card I meat to say it has the same shape as a credit card is, it is plastic, same size, it fits in your wallet, Actually my wife's and Kid's tourist visas are like that.

Cheers!!
Eduardo