Hey Guys,
I just wanted to share my experience landing in canada as a PR to help anyone who might be looking for answers and were possibly in the same situation as me, and possibly highlight certain details that might not be as obvious. I just wanted to give something back as this forum has practically got me through my entire application, and there was an answer to almost every question I had, I am so grateful for everyone who took the time and posted information to help others.
By way of background, I am on H1B (1st 3 years) in the US, and it is expiring on September 15th, 2019. and my canada visa in the passport was expiring September 5th, 2019. I came to the US on F1 Visa, and then after graduation, worked for a bit on OPT and then got onto H1B. My F1 visa expired, and the Change of Status from F1 to H1B happened within the US , as I never left the country since I came as a student.
So because I never left the country, I do not have a H1B Visa stamp in my passport. Due to the kind of the tricky timing of things, I thought it was not worthwhile to do the whole H1B Visa stamping in canada since it was expiring on September 15th anyway, and I had my H1B extension already in process with my company's lawyer. therefore I choose to go with the (AVR)Automatic Visa Re validation Route. This feature will "automatically revalidate an expired non immigrant visa" as long as it is a visit to Canada or Mexico for less than 30 days. Important note: the change of status from F1 to H1B HAS to be done from within the US and not consular processing/outside the US in order use AVR for this specific case. For more information, see links:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html
https://help.cbp.gov/app/answers/detail/a_id/1218/kw/revalidate visa/session/L3RpbWUvMTQ0NTAwMjEwMC9zaWQvWTk4dVk0em0=
My trip was from Aug 9th, 2019, to August 20th, 2019 to YYZ Using American Airlines with Envoy. The plan was to do a "soft landing" and then return back to the US and come back in about a year or so permanently.
Short Summary of Landing at YYZ:
Did not receive Declaration Card in flight, Landed in terminal 6, went to Large hall/ queue with a bunch of kiosks which is basically the declarations card and got a white slip, moved according to directions which lead to immigration, Asian Immigration officer asked for COPR and passport, stamped one copy and kept it and asked me to sign the other copy and keep it secure, after that went to Service Canada but since wait time was 2 hours, I decided to do it elsewhere, after that, followed directions and went to a 2 way split where there was an officer who guides based on the white slip you got - he guided me to the arrivals/baggage claim area, but I was surprised because I thought I might have to give the Goods to Accompany and Goods to Follow list but nobody asked me for it and I think it might be because of the options I selected at the kiosk, so to verify I went back to the officer, and he told me to the go to the other route, which lead to the CBP hall, and I asked the officer there, he simply asked me if I was going to move and reside for at least 1 year and I said no, and then he said you can give the list when you do move permanently, and he went ahead and made a note against my file i the computer, and then that was it, I went back to the arrivals/baggage claim area. All the officers were kind and professional
In this case it worked out, but I would prepare the goods to follow and goods accompany list with the best estimates just to be on the safe side.
My checklist of documents for Landing:
1. PR Card Address (where the PR card needs to be sent)
2. Goods Accompanying and Goods to Follow
3. COPR
4. Passport Old and New (old student visa in old passport)
5. Proof of Funds ( with updated bank/financial institution statements)
Shot Summary of US Return:
Arrived at airport YYZ about 5 hours early just in case there were issues with immigration. Went straight the American Airlines area where there were a lot of kiosks, I tried filling up details, but it asked me to scan visa, which I technically do not have in the passport, but I wanted to use AVR, so I asked the lady there, and she told me to go the AA counter (which I suggest you do). Reaching the counter, the lady had no idea what I was talking about AVR, and she kept as for visa, so my suggestion is just tell her that you have all the necessary documentation through a feature called AVR, and you will show that to immigration. If she refuses, escalate it to somebody who know about it so she can issue a boarding pass. After that, went over to another hall for body and baggage inspection, went through without any issues. After that was directed to a large hall just for those trying to go to US, with a large sign above saying Etats Unis. Again there were kiosks to sign up on, but since I didn’t have a visa on my passport, and I am using AVR, I could not scan anything, so I found one of the attendants there, and told her I wanted to use AVR, as soon as she heard mine was special case, she directed me to a much shorter leftmost line. By this time, all the other lines had a lot of people, and the lines were very large, so I must have been in the “special cases” line. Waited my turn, and then got to the officer, he asked for my visa to which I said I did not have it stamped on my passport, so I proceeded to tell him about AVR, but he persisted saying you need a visa and he could not understand how I was going to go back without a visa, so I try to be understanding and gentle (so as to not make him not think I knew better than him) that there was a provision called AVR if he would like to take a look at the documents, by the time I started explaining all that, he nicely told me that we will go to secondary inspection which is just 2 minutes in another smaller hall past all the immigration cubicles, he escorted me there, and inside was another lady immigration officer to whom he explained my case, and I overheard her say it should work fine, and then after some discussions, he said no problem, and that I was right and left back to the large hall. So then she asked me to sit for a while, and she processed my passport within 20 minutes, and gave it back to me saying everything is fine, and told me to make sure to extend my H1B to which I said my application was already filed and pending, so she said good, and let me go through another exit into the terminal, and that was it!
Additional Information:
o 22 CFR 41.112 (d) regulation language (see below) for those on expired F1 to H1B can avail AVR
(d) Automatic extension of validity at ports of entry.
(1) Provided that the requirements set out in paragraph (d)(2) of this section are fully met, the following provisions apply to nonimmigrant aliens seeking readmission at ports of entry:
(i) The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission; and
****(ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.****
(2) The provisions in paragraph (d)(1) of this section are applicable only in the case of a nonimmigrant alien who:
(i) Is in possession of a Form I-94, Arrival-Departure Record, endorsed by DHS to show an unexpired period of initial admission or extension of stay, or, in the case of a qualified F or J student or exchange visitor or the accompanying spouse or child of such an alien, is in possession of a current Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility for Exchange Visitor Status, issued by the school the student has been authorized to attend by DHS, or by the sponsor of the exchange program in which the alien has been authorized to participate by DHS, and endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay authorized by DHS;
(ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;
(iii) Has maintained and intends to resume nonimmigrant status;
(iv) Is applying for readmission within the authorized period of initial admission or extension of stay;
(v) Is in possession of a valid passport;
(vi) Does not require authorization for admission under INA 212(d)(3); and
(vii) Has not applied for a new visa while abroad.
Hope that helps somebody! And I just wanted to say thank you to all the members for contributing and helping people out, this forum really is wonderful!
Xpressntree
I just wanted to share my experience landing in canada as a PR to help anyone who might be looking for answers and were possibly in the same situation as me, and possibly highlight certain details that might not be as obvious. I just wanted to give something back as this forum has practically got me through my entire application, and there was an answer to almost every question I had, I am so grateful for everyone who took the time and posted information to help others.
By way of background, I am on H1B (1st 3 years) in the US, and it is expiring on September 15th, 2019. and my canada visa in the passport was expiring September 5th, 2019. I came to the US on F1 Visa, and then after graduation, worked for a bit on OPT and then got onto H1B. My F1 visa expired, and the Change of Status from F1 to H1B happened within the US , as I never left the country since I came as a student.
So because I never left the country, I do not have a H1B Visa stamp in my passport. Due to the kind of the tricky timing of things, I thought it was not worthwhile to do the whole H1B Visa stamping in canada since it was expiring on September 15th anyway, and I had my H1B extension already in process with my company's lawyer. therefore I choose to go with the (AVR)Automatic Visa Re validation Route. This feature will "automatically revalidate an expired non immigrant visa" as long as it is a visit to Canada or Mexico for less than 30 days. Important note: the change of status from F1 to H1B HAS to be done from within the US and not consular processing/outside the US in order use AVR for this specific case. For more information, see links:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html
https://help.cbp.gov/app/answers/detail/a_id/1218/kw/revalidate visa/session/L3RpbWUvMTQ0NTAwMjEwMC9zaWQvWTk4dVk0em0=
My trip was from Aug 9th, 2019, to August 20th, 2019 to YYZ Using American Airlines with Envoy. The plan was to do a "soft landing" and then return back to the US and come back in about a year or so permanently.
Short Summary of Landing at YYZ:
Did not receive Declaration Card in flight, Landed in terminal 6, went to Large hall/ queue with a bunch of kiosks which is basically the declarations card and got a white slip, moved according to directions which lead to immigration, Asian Immigration officer asked for COPR and passport, stamped one copy and kept it and asked me to sign the other copy and keep it secure, after that went to Service Canada but since wait time was 2 hours, I decided to do it elsewhere, after that, followed directions and went to a 2 way split where there was an officer who guides based on the white slip you got - he guided me to the arrivals/baggage claim area, but I was surprised because I thought I might have to give the Goods to Accompany and Goods to Follow list but nobody asked me for it and I think it might be because of the options I selected at the kiosk, so to verify I went back to the officer, and he told me to the go to the other route, which lead to the CBP hall, and I asked the officer there, he simply asked me if I was going to move and reside for at least 1 year and I said no, and then he said you can give the list when you do move permanently, and he went ahead and made a note against my file i the computer, and then that was it, I went back to the arrivals/baggage claim area. All the officers were kind and professional
In this case it worked out, but I would prepare the goods to follow and goods accompany list with the best estimates just to be on the safe side.
My checklist of documents for Landing:
1. PR Card Address (where the PR card needs to be sent)
2. Goods Accompanying and Goods to Follow
3. COPR
4. Passport Old and New (old student visa in old passport)
5. Proof of Funds ( with updated bank/financial institution statements)
Shot Summary of US Return:
Arrived at airport YYZ about 5 hours early just in case there were issues with immigration. Went straight the American Airlines area where there were a lot of kiosks, I tried filling up details, but it asked me to scan visa, which I technically do not have in the passport, but I wanted to use AVR, so I asked the lady there, and she told me to go the AA counter (which I suggest you do). Reaching the counter, the lady had no idea what I was talking about AVR, and she kept as for visa, so my suggestion is just tell her that you have all the necessary documentation through a feature called AVR, and you will show that to immigration. If she refuses, escalate it to somebody who know about it so she can issue a boarding pass. After that, went over to another hall for body and baggage inspection, went through without any issues. After that was directed to a large hall just for those trying to go to US, with a large sign above saying Etats Unis. Again there were kiosks to sign up on, but since I didn’t have a visa on my passport, and I am using AVR, I could not scan anything, so I found one of the attendants there, and told her I wanted to use AVR, as soon as she heard mine was special case, she directed me to a much shorter leftmost line. By this time, all the other lines had a lot of people, and the lines were very large, so I must have been in the “special cases” line. Waited my turn, and then got to the officer, he asked for my visa to which I said I did not have it stamped on my passport, so I proceeded to tell him about AVR, but he persisted saying you need a visa and he could not understand how I was going to go back without a visa, so I try to be understanding and gentle (so as to not make him not think I knew better than him) that there was a provision called AVR if he would like to take a look at the documents, by the time I started explaining all that, he nicely told me that we will go to secondary inspection which is just 2 minutes in another smaller hall past all the immigration cubicles, he escorted me there, and inside was another lady immigration officer to whom he explained my case, and I overheard her say it should work fine, and then after some discussions, he said no problem, and that I was right and left back to the large hall. So then she asked me to sit for a while, and she processed my passport within 20 minutes, and gave it back to me saying everything is fine, and told me to make sure to extend my H1B to which I said my application was already filed and pending, so she said good, and let me go through another exit into the terminal, and that was it!
Additional Information:
o 22 CFR 41.112 (d) regulation language (see below) for those on expired F1 to H1B can avail AVR
(d) Automatic extension of validity at ports of entry.
(1) Provided that the requirements set out in paragraph (d)(2) of this section are fully met, the following provisions apply to nonimmigrant aliens seeking readmission at ports of entry:
(i) The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission; and
****(ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.****
(2) The provisions in paragraph (d)(1) of this section are applicable only in the case of a nonimmigrant alien who:
(i) Is in possession of a Form I-94, Arrival-Departure Record, endorsed by DHS to show an unexpired period of initial admission or extension of stay, or, in the case of a qualified F or J student or exchange visitor or the accompanying spouse or child of such an alien, is in possession of a current Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility for Exchange Visitor Status, issued by the school the student has been authorized to attend by DHS, or by the sponsor of the exchange program in which the alien has been authorized to participate by DHS, and endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay authorized by DHS;
(ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;
(iii) Has maintained and intends to resume nonimmigrant status;
(iv) Is applying for readmission within the authorized period of initial admission or extension of stay;
(v) Is in possession of a valid passport;
(vi) Does not require authorization for admission under INA 212(d)(3); and
(vii) Has not applied for a new visa while abroad.
Hope that helps somebody! And I just wanted to say thank you to all the members for contributing and helping people out, this forum really is wonderful!
Xpressntree
