Need to go to Canada for Landing but do not have H1B stamping on passport

[crazy123]

Hi Folks

This is my first time on this forum, so hi and best wishes to you all.

I recently got my PR and now me and family will have to go to Canada for landing and further processing. Our Canada Visa is valid till January 2015 (so we have to go before that). The problem is I am here in USA on H1-B and my H1-B visa on passport has expired long time back. As far as possible, I do not want to combine H1-B visa stamping with Canada landing. I have come across few cases where people have gone with no H1-B stamping but have just used the existing I-94 and have come back smoothly. I really doubt based on my information that this is even possible. So in this regard I really need you advice. I have following questions for which I am really looking for your help:
1. Can I go WITHOUT a valid H1-B Visa on the passport, but carry the I-797, I-94 for the latest H1-Visa, land in Canada and come back to USA with entering based on just the I-797 and I-94?
2. If #1 is not possible, then what is option. Do I have to go for stamping H1-B first and then get the rest of the landing procedure done? Note that me and my wife both would have to go for stamping in that case, both of us are on H1.

I am really in two minds here. Don't know how I am going to handle this situation. Would really appreciate if you can share your experiences with us.

Thanks so much folks.

Regards

 

[Canadiandesi2006]

Hi Folks

This is my first time on this forum, so hi and best wishes to you all.

I recently got my PR and now me and family will have to go to Canada for landing and further processing. Our Canada Visa is valid till January 2015 (so we have to go before that). The problem is I am here in USA on H1-B and my H1-B visa on passport has expired long time back. As far as possible, I do not want to combine H1-B visa stamping with Canada landing. I have come across few cases where people have gone with no H1-B stamping but have just used the existing I-94 and have come back smoothly. I really doubt based on my information that this is even possible. So in this regard I really need you advice. I have following questions for which I am really looking for your help:
1. Can I go WITHOUT a valid H1-B Visa on the passport, but carry the I-797, I-94 for the latest H1-Visa, land in Canada and come back to USA with entering based on just the I-797 and I-94?
2. If #1 is not possible, then what is option. Do I have to go for stamping H1-B first and then get the rest of the landing procedure done? Note that me and my wife both would have to go for stamping in that case, both of us are on H1.

I am really in two minds here. Don't know how I am going to handle this situation. Would really appreciate if you can share your experiences with us.

Thanks so much folks.

Regards

Obviously without valid H1B visa once you come out of USA you cannot go back. Remember, getting H1B stamping is NOT easy task these days with Administrative Processing delays it taking months or year at times.

Possibly you can find a job in Canada and move down here. I was in similar situation few years back when I moved to Canada.
May be you can send me a private message with contact number & we can discuss.

 

[srideep]

Hi Folks

This is my first time on this forum, so hi and best wishes to you all.

I recently got my PR and now me and family will have to go to Canada for landing and further processing. Our Canada Visa is valid till January 2015 (so we have to go before that). The problem is I am here in USA on H1-B and my H1-B visa on passport has expired long time back. As far as possible, I do not want to combine H1-B visa stamping with Canada landing. I have come across few cases where people have gone with no H1-B stamping but have just used the existing I-94 and have come back smoothly. I really doubt based on my information that this is even possible. So in this regard I really need you advice. I have following questions for which I am really looking for your help:
1. Can I go WITHOUT a valid H1-B Visa on the passport, but carry the I-797, I-94 for the latest H1-Visa, land in Canada and come back to USA with entering based on just the I-797 and I-94?
2. If #1 is not possible, then what is option. Do I have to go for stamping H1-B first and then get the rest of the landing procedure done? Note that me and my wife both would have to go for stamping in that case, both of us are on H1.

I am really in two minds here. Don't know how I am going to handle this situation. Would really appreciate if you can share your experiences with us.

Thanks so much folks.

Regards

You can use "AVR" Automatic visa revalidation based on ur valid i94( from H1b approval) to get back into USA after your landing.

AUTOMATIC REVALIDATION OF VISAS
The validity of an expired nonimmigrant visa may be considered to be automatically extended to the date of
application for readmission at ports of entry. This includes cases where U.S. Citizenship and Immigration
Services has changed the nonimmigrant classifications of an alien to another nonimmigrant classification. The
validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the
date of readmission and the visa may be converted as necessary to that changed classification. [22.C.F.R.
41.112(d)]
Visitors (and accompanying spouses and / or children) whose visas have expired may be boarded provided they
meet the following requirements:
F and J nonimmigrants:
• Readmission from contiguous territory or adjacent islands (except Cuba)
• Readmission after an absence not exceeding 30 days
• In possession of Form I-94 endorsed to show an unexpired period of initial admission or extension of
stay or in possession of the Certificate of Eligibility Student and Exchange Visitor Information System
(SEVIS) I-20AB or SEVIS DS-2029
• In possession of a valid passport, unless exempt
• Does not require authorization for admission under the INA 212(d)(3)
• Has not applied for a new visa while abroad
• Has maintained and intends to resume nonimmigrant status
All other nonimmigrants:
• Readmission from contiguous territory
• Readmission after an absence not exceeding 30 days
• In possession of Form I-94 endorsed to show an unexpired period of initial admission or extension of
stay
• M-1student must also present a properly endorsed SEVIS Form I-20MN
• In possession of a valid passport, unless exempt
• Does not require authorization for admission under the INA 212(d)(3)
• Has not applied for a new visa while abroad
• Has maintained and intends to resume nonimmigrant status
The provisions of the automatic revalidation of visas does not apply to citizens of countries identified as
supporting terrorism in the State Department’s annual report to Congress. Countries that are ineligible are Iran,
Syria, Sudan and Cuba.

 

[minnesotamrk]

Hi Folks

This is my first time on this forum, so hi and best wishes to you all.

I recently got my PR and now me and family will have to go to Canada for landing and further processing. Our Canada Visa is valid till January 2015 (so we have to go before that). The problem is I am here in USA on H1-B and my H1-B visa on passport has expired long time back. As far as possible, I do not want to combine H1-B visa stamping with Canada landing. I have come across few cases where people have gone with no H1-B stamping but have just used the existing I-94 and have come back smoothly. I really doubt based on my information that this is even possible. So in this regard I really need you advice. I have following questions for which I am really looking for your help:
1. Can I go WITHOUT a valid H1-B Visa on the passport, but carry the I-797, I-94 for the latest H1-Visa, land in Canada and come back to USA with entering based on just the I-797 and I-94?
2. If #1 is not possible, then what is option. Do I have to go for stamping H1-B first and then get the rest of the landing procedure done? Note that me and my wife both would have to go for stamping in that case, both of us are on H1.

I am really in two minds here. Don't know how I am going to handle this situation. Would really appreciate if you can share your experiences with us.

Thanks so much folks.

Regards

Hello,

I am in a similar situation with my H-1B visa and Canadian PR landing. What did you finally do? Did you land as an immigrant in Canada first (which I think makes senses) and then for a H-1B visa interview and stamping at a US Consulate in Canada?

 

[minnesotamrk]

My H-1B visa on the passport expired in 2013 and I have an extension document validating my stay in the US until 2016. I have to complete my landing in Canada as a PR before Dec 2015. I want to come back to the US after landing. I am assuming, considering all facts, that I would need a H-1B visa to reenter the US. Can anyone shed some light on this?

 

[John_S]

Hi,

I am also in same boat. I got PR under CEC and I am in USA now and planning for landing next month.

What I heard is: we can use AVR process and return back to USA (One of my fried did this).

- We should not go for H1 stamping in Canada.
- Don't stay more than 30 days in Canada.
- Valid I-797 and I-94 is fine.

 

[minnesotamrk]

Hi,

I am also in same boat. I got PR under CEC and I am in USA now and planning for landing next month.

What I heard is: we can use AVR process and return back to USA (One of my fried did this).

- We should not go for H1 stamping in Canada.
- Don't stay more than 30 days in Canada.
- Valid I-797 and I-94 is fine.

Great! Thank you. Will you please post your experience of AVR process after landing in Canada next month? I don't plan on landing in Canada until June or July this year. Thank you