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H1B visa expired and COPR expired

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SubZero$

Member
Nov 9, 2021
16
0
Hi there
My H1B visa expired and my Copr has expired this month In November 2021. I was unable to travel to Canada as my company lawyers suggested against it since they said AVR would be risky and also it was Going to be hard to procure a NIE waiver form that would be needed me from the company to stamp my H1B visa abroad and enter back the USA.
What are the chances of IRCC extending my COPR visa after it has expired in November 2021 since the US borders only opened on November 8th 2021. Would they think of it as a valid reason to extend ?
 
C

canuck78

VIP Member
Jun 18, 2017
53,062
12,798
SubZero$ said:
Hi there
My H1B visa expired and my Copr has expired this month In November 2021. I was unable to travel to Canada as my company lawyers suggested against it since they said AVR would be risky and also it was Going to be hard to procure a NIE waiver form that would be needed me from the company to stamp my H1B visa abroad and enter back the USA.
What are the chances of IRCC extending my COPR visa after it has expired in November 2021 since the US borders only opened on November 8th 2021. Would they think of it as a valid reason to extend ?
Click to expand...
US Borders have been open throughout covid to PRs landing. Needing to remain in the US for US job reasons/US visa reasons is unlikely to get you an extension but if you didn’t land your only option is to try or start the process all over again. During covid IRCC has been more lenient although your reasons aren’t covid related.
 
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SubZero$

Member
Nov 9, 2021
16
0
Hi @canuck78
My issue is Covid related, since I have to do a soft landing for now. Let me explain.
My H1B visa has expired. In order for me to travel to back to the US after landing in Canada would require a visa stamping at a US consulate in Canada and currently the visa appointments are hard to get and months out since US consulates are operating at limited capacity according to my US lawyers.
Also the US just opened its borders fully on November 8th 2021 , prior to that I would have to secure a National Waver interest form(A form that the company must give but is hard to secure as it had to prove that my job was pandemic essential) that was required since the pandemic began in order for me to go through a successful H1B visa stamping process.
Also my company had started my US perm process and stated I would have to be in the county when it’s filed , and if I am stuck out Us in Canada waiting for a Us visa appointment they would not be able ro
File it.
My COPr expires Tomorrow.
what do you suggest I do?
Is there no way they will extend it ?
R
 
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canuck78

VIP Member
Jun 18, 2017
53,062
12,798
SubZero$ said:
Hi @canuck78
My issue is Covid related, since I have to do a soft landing for now. Let me explain.
My H1B visa has expired. In order for me to travel to back to the US after landing in Canada would require a visa stamping at a US consulate in Canada and currently the visa appointments are hard to get and months out since US consulates are operating at limited capacity according to my US lawyers.
Also the US just opened its borders fully on November 8th 2021 , prior to that I would have to secure a National Waver interest form(A form that the company must give but is hard to secure as it had to prove that my job was pandemic essential) that was required since the pandemic began in order for me to go through a successful H1B visa stamping process.
Also my company had started my US perm process and stated I would have to be in the county when it’s filed , and if I am stuck out Us in Canada waiting for a Us visa appointment they would not be able ro
File it.
My COPr expires Tomorrow.
what do you suggest I do?
Is there no way they will extend it ?
R
Click to expand...
That really isn’t covid related when it comes to your status in Canada. It isn’t Canada’s job to make it easier to work for your US employer from Canada. You have been able to relocate to Canada. You want to return to the US and work for US employer which isn’t related to you gaining PR status in Canada and relocating to Canada. You should certainly attempt to get an extension but realistically the only thing preventing you from landing has nothing to do with your ability to relocate to Canada since you could move to Canada and find employment inCanada.
 
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SubZero$

Member
Nov 9, 2021
16
0
So what’s your final opinion then ? @canuck78
They will or will not grant me an extension ?
is there something I can state in the web form about my case that will likely grant an extension ?
Kindly advise
 
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swan0206

Champion Member
May 14, 2019
1,173
227
SubZero$ said:
So what’s your final opinion then ? @canuck78
They will or will not grant me an extension ?
is there something I can state in the web form about my case that will likely grant an extension ?
Kindly advise
Click to expand...
You can definitely try for extension with stating Covid as reason. However, its in IRCC's descretion. But better late than never. First thing you do is call CBSA border near you and findout if you are allowed to softland with the CoPR expiry. And take a decision from there.

Please do not delay till the last minute this time after you get extension, people have been using AVR all this while during the start of pandemic after completing soft-landings. I wished you found this forum a month or two earlier and things would have been easier for you now.
 
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SubZero$

Member
Nov 9, 2021
16
0
@swan0206 Thank you so much for the kind response. Yes I wish I found this forum earlier. I have been taking legal advice from lawyers all this while and didn’t see AVR as such an easy process.
I did discuss with my company’s US lawyers and other US lawyers too if AVR was ok , but they all stated it technically feasible but was still a risk and if I am stuck outside USA , my US perm process would be halted and cause issues.
They wanted me to be in the US when filing my US permanent residency.
I am super stressed out that my Canadian Copr may not yet extended as if I have put in a lot of time effort and money into it.
I will call CBSA border as you suggested tomorrow first thing in the morning.

Do you think they will still allow me to soft landing from the US even though my Copr is expired ?

Also I have been writing several web forms to IRCC asking them to extend my deadline as I could not travel and kept asking them in each mail if it was ok and if anything would happen to my approved PR application.
they kept stating the generic email that once expired they would contact ppl and see if they are interested to form and then request additional documents like medicals and such. What does their response mean ?
Kindly let me know your thoughts above and what I I should do ?
My Copr expires tomorrow and my company lawyers still haven’t given me green light to travel to Canada and enter back on AVR.
 
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swan0206

Champion Member
May 14, 2019
1,173
227
SubZero$ said:
@swan0206 Thank you so much for the kind response. Yes I wish I found this forum earlier. I have been taking legal advice from lawyers all this while and didn’t see AVR as such an easy process.
I did discuss with my company’s US lawyers and other US lawyers too if AVR was ok , but they all stated it technically feasible but was still a risk and if I am stuck outside USA , my US perm process would be halted and cause issues.
They wanted me to be in the US when filing my US permanent residency.
I am super stressed out that my Canadian Copr may not yet extended as if I have put in a lot of time effort and money into it.
I will call CBSA border as you suggested tomorrow first thing in the morning.

Do you think they will still allow me to soft landing from the US even though my Copr is expired ?

Also I have been writing several web forms to IRCC asking them to extend my deadline as I could not travel and kept asking them in each mail if it was ok and if anything would happen to my approved PR application.
they kept stating the generic email that once expired they would contact ppl and see if they are interested to form and then request additional documents like medicals and such. What does their response mean ?
Kindly let me know your thoughts above and what I I should do ?
My Copr expires tomorrow and my company lawyers still haven’t given me green light to travel to Canada and enter back on AVR.
Click to expand...
First thing first, 99% you wont get stuck if you are coming here for softlanding and going back in 3-4 hours time. Most of the softlandings have been successful , need not to worry.

Next, are you closer to any border, like in a driving distance and are you landing by yourself(alone or with family) and fully vaccinated? If Yes and if you are landing alone, then you can take an off tomorrow to work and first thing, go give a PCR test in near by CVS and be ready with the PCR test that you would get max in 1-2 days. Fastest is within 12hours. Get ready with all your documents for travel.

Call CBSA border now which is closer to you if you intend to drive/land there. They are open 24hours and explain your scenario. See what they say.

You still have till 11:59pm tomorrow ,whatever timezone are you in to get this work. The hurdles right now are your PCR test and how close are you to the border! Seems like i might be rushing you but i am trying to help you sort this out now, rather than waiting for responses from IRCC and being in dilemma for few months. Even if you give your PCR test tomorrow morning and travel to nearest border and stay in a motel and be ready for the results. You might never know they will allow you on discretion as you had it expired only 1 day ago. At worst case, they might not allow you, but you wouldn't regret of not giving it a try when you still had time. Also remember, you can land at anytime in a day, even at 12am, or 1am. it doesn't matter.

If you have to fly, then this plan might be little tough to execute.

giving below threads for your reference. People have been doing softlandings.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/soft-landed-at-peace-arch-seattle-vancouver-crossing-in-july-2021.738695/

https://www.canadavisa.com/canada-immigration-discussion-board/threads/softlanding-experience-windsor-detroit-tunnel-by-rented-car-returned-back-to-us-using-avr-2-vaccinated-parents-and-6yr-old-unvaccinated.748562/
 
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swan0206

Champion Member
May 14, 2019
1,173
227
SubZero$ said:
@swan0206

Also I have been writing several web forms to IRCC asking them to extend my deadline as I could not travel and kept asking them in each mail if it was ok and if anything would happen to my approved PR application.
they kept stating the generic email that once expired they would contact ppl and see if they are interested to form and then request additional documents like medicals and such. What does their response mean ?
Kindly let me know your thoughts above and what I I should do ?
My Copr expires tomorrow and my company lawyers still haven’t given me green light to travel to Canada and enter back on AVR.
Click to expand...
I totally have no clue about submitting web forms regarding CoPR expiry. You can search using the key words CoPR expiry in this forum and you would find related posts.
 
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SubZero$

Member
Nov 9, 2021
16
0
@swan0206 Yes I don’t live near the border and would have to fly out tomorrow if I were to make it a soft landing before my Copr expired tomorrow. It looks quite difficult to pull all this off at last moments notice.
What do you suggest ?

Also How many days after Copr expiry Would CBSA border still allow me to do a soft landing you think ? Have you seen any cases were ppl were able to do soft landing successfully even after a week or month of Copr expiry ?
 
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