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CoPR Activation, F-1 Visa Expired, Second Masters / CPT

Discussion in 'Permanent Residence in Canada' started by adityagandhi.7, Oct 13, 2018.

  1. Hi All - I have a CoPR visa that is valid till 30 June 2019. I am currently in the US on an F-1 visa, and am considering visiting Canada in November/December to activate my PR. However, the issue is that my F-1 visa expired in June 2016. Also, I am on my second Masters in the US, and have used OPT in the past, and also am currently on CPT (been working > 1 year) on CPT. I would like to know if traveling to Canada now to activate my PR can have risks such as:

    1. Risk of F-1 automatic re-validation being denied during re-entry to the US because of working on CPT for > 1 year.
    2. I was stopped for a secondary check while entering the US last time (in early 2016). This was because of a confusion in my OPT unemployment days. The officer made a mistake, and then they allowed me to enter. Will this cause any issues?
    3. Traveling to Canada for the purpose of being a Permanent Resident might not qualify as grounds for F-1 revalidation, as it's only for short-term travel purposes. Depending on the immigration officer, they might argue this or might not even be aware of automatic revalidation. Note: I plan to be back in the US in under a week.
    4. Would you advise traveling by air or by car? I've heard that some airlines might not allow me to board a plane back to the US due to an expired visa, and might not be aware of automatic revalidation.
     
  2. I suggest that you raise these questions on a USA immigration forum or consult with a US immigration lawyer.
    There are no obvious issues from the Canadian perspective but the CBP are a law unto themselves.
     
  3. I have spoken to the International Student Services department of the school I go to. They said travel should be ok. Also, US immigration lawyers usually don't get involved in F-1 much, as they get fees through H-1, and some even suggested me to ask my school. However, I am mainly looking for other people on this forum that are aware of these situations or have gone through it themselves when they were traveling back from Canada.
     
  4. US immigration forum:

    https://forums.immigration.com/

    F-1 visa discussions:

    https://forums.immigration.com/categories/f-and-g-visas.186/
     
  5. Please be extremely careful. The fact that you seem to be what's infamously referred as 'Day-1 CPT' for a second Masters' degree might cause a problem with your US immigration status (especially in light of the recently introduced August 9 memo on unlawful presence for F1 status). Consult with a competent immigration lawyer who is familiar with employment based US immigration, and see what they have to say, before you do anything drastic.
     
  6. So the thing is - I didn't join a Day - 1 CPT college. I joined Rutgers University for my second masters, had 2 semesters (around 9 months) of unemployement, and then started CPT, and have accumulated total of > 1 year of employment at multiple organizations. Would that make my case better?
     
  7. I see. I'm sorry that I misunderstood.

    But still, it looks to me that your situation would depend on whether or not you have exhausted over one year of practical training before your current CPT (before your current CPT, did you already work under a combination of OPT and CPT for over 12 months?).

    https://www.cilawgroup.com/news/2018/02/15/uscis-appears-question-immediate-f-1-cpt-validity-second-degree-students/

    If before joining Rutgers, you have been in any form of practical training for over a year, then the only way that you can use CPT is if you go up a degree level.

    You have to be extremely careful here, especially due to the fact that you have been working on CPT for over a year, and if you are found to have violated your status from the day you started using CPT, there might be some unlawful presence issues.

    Again, nobody here is an expert, and especially not on US immigration law. There seems to be some potential issues with your situation.

    Please consult a competent US immigration lawyer which has a lot of experience dealing with employment based US immigration.

    From the Canadian PR perspective, everything seems to be in order, and you should be able to land just fine (assuming no misrepresentation, fraud, criminal issues, and that you land before the expiration of your PR visa).
     
  8. Thanks for the information and sharing the link.
    Yes, I have more than a year on my previous CPT + OPT, i.e, over a year before my current CPT. While the link says that the issue could arise during the F-1 to H-1 change of status, it does not mention about how the potential unlawful presence affects international travel. I will look into this and contact a qualified attorney. If there is a great resource that has (highly reputed) attorneys in the NYC/NJ area, then please do share it. Thanks again
     
  9. Hi, how did it go? were you able to cross successfully?
     
  10. Hi Aditya,

    Please let me know if you were able to come back on your expired F-1 Visa. My situation is pretty much similar to yours and would like to get some inputs regarding the landing.

    Thanks,
    Rohit
     
  11. Hey guys - Sorry for the delayed reply, but it all went good for me. Drove in via car across Peace Bridge and drove back the net day. No questions asked on the american side via re-entry. But for the USA re-entry, make sure that you have all documents and printouts of automatic revalidation rule with you to give it to the officer in the toolbooth
     
    rohit.joshi likes this.
  12. Hi, thanks for your post. I have similar situation. I plan to study in Seattle and live in Vancouver. Do you plan to travel back and forth to Canada to maintain your days in Canada?
     

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