Urgent! Landing - do all members have to land; US visa?

[greta]

Hi, I am the primary applicant for skilled worker PR visa, and my husband and I are planning to land in July. Currently we're in the US, and we plan to go to Canada for the landing, and return to USA within 3-4 weeks.  Neither of us have the visa for USA, so while we are in Canada, we will have to apply for our US visas for re-entry.

My question is:

1. If we have a contact in Canada that we can rely on to have our PR cards mailed to, can we just cross the border, finish the formalities, and come right back to US the same day or so?

2. If we do that, will we need the US visas to re-enter the US?  On H-1 now and worried about applying for the US visa from Canada as its tough these days etc. So we're wondering - if we come back into US the same day or whatever, do we still need to apply for the US visa...?

3. I know principal applicant have to land first, but do all applicants have to land?  

Please help!

[jamesbond]

You both probably qualify for AVR (check http://travel.state.gov/visa/temp/info/info_1299.html)
There are a lot of posts on this site about how people did it.

Good luck.

[greta]

Thank you!!  I've been looking at it as well... will H-1s also qualify for it as long as they keep the I-94? I don't know whom to ask about H-1!!  
Let me dig out the old threads, I've been searching on the forum but no luck so far :-(

[thebeast184]

Greta,

I think you do qualify. I just went to the US Tijuana border to renew my I-94 (I am in a H1-B Visa) and they deny it because I had a month left on my I-94... So I was let in the US for the remainder of my I-94 with no problem. If I where you I would consult with CBP prior taking the risk. Keep in mind that it has to be less than 30 days. Here is an excerpt form the CBP website:

In general, if you have been admitted to the United States under most visa classifications if you take a short trip (30 days or less) to Canada or Mexico, you may retain your I-94/I-94W, so that when you resume your visit to the United States you are readmitted for the balance of the time remaining on your I-94/I-94W.

For those admitted as academic students or exchange visitors (F or J classifications), if you take a short trip (30 days or less) to Canada, Mexico, or the Adjacent Islands, you may retain your I-94 and your SEVIS form I-20 or SEVIS Form DS-2019, so when you resume your visit to the United States you are readmitted for the balance of the time

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/filling_out_i94.xml

Rod

Thank you!!  I've been looking at the AVR as well... will H-1s also qualify for it as long as they keep the I-94? I can probably ask about this in my school's international office but I don't know whom to ask about H-1!!  

Let me dig out the old threads, I've been searching on the forum but no luck so far :-(

[greta]

Thank you!! Just the answer I needed!