Need suggestion in travel plan, my USA visa expires in july 2019

[Teja0312]

Hello everyone,

I want to thank everyone in this group with your help and support finally I have received my Canada PR.
I have few questions regarding travelling to CANADA.

I have got my landing documents and passports back and last date to travel is August 27'2019. My wife is a primary applicant and I'm dependent. we both got Canada PR.

We have some issues regarding travel
Right now we are in USA, we both came to USA with F1 (Student Visa) and didn't visit India till now because of some personal problems.

1) My wife got her H1b visa in 2018 and she recently got her h1b extension for next 3 years. And her F1 visa stamping was for 5 years and that was expired last year. Now she has valid visa status (h1b) with valid i-94 until 2022.
2) I came to USA in 2014 on F1 visa, my visa stamping on passport will expire on June 4th and my legal status (STEM-OPT) & i-94 will expire on July 27 2019. Now I have filled for H1b visa, still I didn't get any update whether my application is picked in lottery or not. Here, again I have 2 more issues

a) If picked, Can I travel to Canada and come back to USA with in 2-3days or do I need to wait until I get decision ( approved or rejected). If my application is picked in lottery I'm not sure how much time it will take for it to get approved or rejected.
b) If not picked in lottery, I'm planning to travel Canada in May last week and come back to USA with in 2-3days. Can I do this ?

Can you guys please help me with a plan or suggestion. I'm totally confused

Thanks in advance
Teja

 

[21Goose]

Your US visa issues have nothing to do with your Canadian PR. Your selection/rejection in the H1B lottery doesn't affect your Canadian PR in any way.

You can travel to Canada anytime before the expiry of your CoPR, so before Aug 27. You can leave Canada immediately after you land and go anywhere you like - the US or anywhere else. Or you can stay in Canada forever. Again, this has nothing to do with your H1B.

To maintain your PR, you will have to stay in Canada for 730 days in the next five years. That's the only obligation that Canada imposes on you as a PR.

 

[Teja0312]

Your US visa issues have nothing to do with your Canadian PR. Your selection/rejection in the H1B lottery doesn't affect your Canadian PR in any way.

You can travel to Canada anytime before the expiry of your CoPR, so before Aug 27. You can leave Canada immediately after you land and go anywhere you like - the US or anywhere else. Or you can stay in Canada forever. Again, this has nothing to do with your H1B.

To maintain your PR, you will have to stay in Canada for 730 days in the next five years. That's the only obligation that Canada imposes on you as a PR.

Hi

Thanks for your reply,
But actually I want to came back to USA, I didn't plan anything in Canada as of now.
I'm planning to move to Canada completely after 4-5months.
So until then I need to stay in USA. My main concern is coming back to USA

 

[21Goose]

Hi

Thanks for your reply,
But actually I want to came back to USA, I didn't plan anything in Canada as of now.
I'm planning to move to Canada completely after 4-5months.
So until then I need to stay in USA. My main concern is coming back to USA

Returning to the US will depend on your status in the US. If you have a valid visa, you'll be allowed in. If not, you won't.

You should travel to Canada well before your current status expires (June 4th), finish your landing and become a PR, and then come back to the US.There's no requirement to stay in Canada, so you can come for a day or two and then return on your valid US status.

Remember that you aren't a PR till you complete landing. If you don't land, you will not be a PR.

 

[Teja0312]

Returning to the US will depend on your status in the US. If you have a valid visa, you'll be allowed in. If not, you won't.

You should travel to Canada well before your current status expires (June 4th), finish your landing and become a PR, and then come back to the US.There's no requirement to stay in Canada, so you can come for a day or two and then return on your valid US status.

Remember that you aren't a PR till you complete landing. If you don't land, you will not be a PR.

got it
Thanks for the information

 

[lampbreaker]

You can return to US with an expired visa as long as your I-94 is valid and you don't spend more than 30 days in Canada. It is called Automatic Visa Revalidation (AVR). Look for it on CBP website.

 

[21Goose]

You can return to US with an expired visa as long as your I-94 is valid and you don't spend more than 30 days in Canada. It is called Automatic Visa Revalidation (AVR). Look for it on CBP website.

Yes, but his I-94 expires pretty soon as well, and he doesn't know if he's going to get a new I-94. That's why I'd say he needs to come to Canada ASAP, probably in the next few weeks.

No point waiting till the I-94 is 2 days from expiring and the F-1 is already expired. Not sure what happens then, does CBP give him a 2-day visa?