Canadian PR Card - Need H1 stamp in the passport

R

rubyjupiter

Registered Users (C)
Hi Guys!

I came to the USA on M1 (Pilot) visa, got the training for couple months and decided to change my carrier and start working as a Sales Manager. My Company filed my H1 Visa, and got the H1 visa 3 years ago. I filed my 485 and just recently because of the new law I filed my 140 and 485 together. Got my Advanced Payrole and EAD cards.

I applied 6 months ago my canadian PR and got approval 3 weeks ago and went to canada and finished the basic procedure and came back on H1's I-94 card. I don't have the H1 visa stamp in my passport. Now, I need to travel outside of the country for my business and I don't want to take a chance for the stamping in India. So, If I am laneded immigrant of canada I can go overthere without any appointment (which I confirmed with 900 number) and try to get the H1 stamp from there ?

I am wondering if somebody can share their experience and best knolwdge about this question and suggest me wheter any problem for the stamping or since I am landed immigrant (home country) i can get the stamp easily.

Thanks in advance for your advise.

RubyJupiter
 
RubyJupiter
can you please clarify some questions here?.

1).can you work as a sales manager on a H1 visa?
2). You applied 6 months for canadian PR and got approved 3 weeks ago?. Some people did not even get their file nos yet?.
Is it that fast?.
3).You went to canada and came back with just a I-94 and no stamp. Everyone is saying its not possible after june 30th or so?.
I am confused.

I am also lookin to go to canada for H1 stamping. I am waiting for the canadian PR approval(applied a month ago).

sorry,i cannot offer any information but appreciate if you can answer the above.

thanks
 
Ray,

Well, true the laws have not changed, but the US counsulate does know that he requires an H1 to work.....Canadian PRs do not require a visa (and that may change soon) to enter but they do need a visa to work...if i understand the issue here

Also, if this is a case of visa extension, it is very dangerous to try Canada....the contiguous law no more applies and if the H1 is rejected, he will not be allowed to re-enter the US. For extension, the best is to just mail it locally to the DOS. If this is the first H1 stamp, then i guess there may be different issues.

Also, he could check at the US counsulate websites in toronto. PRs are not treated as citizen's.
 
1. 99% you will be denied H1B in Canada if you apply and will not be able to return to US you will not treated diffrently if you shoe PR or Canada landing documents.
2. You may be denied entry to US on your Canada PR based as you do not have any ties to Canada.
3 If you go to India and apply for H1b expect minimum 2 months for Visa stamping because of security check and because of your past (Pilot) visa

If you have got AP and EAD and your I-485 has been filed why you want H1 to be stamped? you can go out of US with AP and enter with AP and can work on EAD?
I hope you are hiding some info and have fear that your I-485 may be denied that is the only reason I see that you want to maintain nonimmgartion status even after having EAD and AP in hand

You should also ans to the other post by a friend"1).can you work as a sales manager on a H1 visa?
2). You applied 6 months for canadian PR and got approved 3 weeks ago?. Some people did not even get their file nos yet?.
Is it that fast?.
3).You went to canada and came back with just a I-94 and no stamp. Everyone is saying its not possible after june 30th or so?".
 
Yes you can work as a Sales Manager on H1 Visa

You should also ans to the other post by a friend"1).can you work as a sales manager on a H1 visa?

Yes, you can work as a Sales Manager on H1 Visa. Once you are in this country is not tough to change your status. I am working as a Sales Manger and holding the H1 Visa.

2). You applied 6 months for canadian PR and got approved 3 weeks ago?. Some people did not even get their file nos yet?.
Is it that fast?.

Yes, the procedure is fast for us which I am not hiding anything. We got the approved and went to Canada and came back without any problem.

3).You went to canada and came back with just a I-94 and no stamp. Everyone is saying its not possible after june 30th or so?"

Everybody is just making up the stories, but I am telling you my personal experience that I did went for PR and came back to USA on my I-94. Office even didn't ask me any question at all, so please don't doubt me for that.

I am not goint to lie any statment here, because I know the immigration pain. The reason I want to do my H1 stamp in my passport because my daguter is in India and she is only 5 years old. She can't come here because she doesn't have the H4 visa on her passport and I can't stay without her any more. I thought if she will come here on H4 than she will get the green card immediately and we will live our family life.

Your advise will be greately appriciated.

Thanks,

RubyJupiter
 
Rubyjupiter, why dont you opt for consular processing instead
of I-485. You can shift to CP even now. So your daugter should
get GC without any problem.
 
1. Cp is better option but it may create problems for him and process will be delayed, do not expect CP interview in 5-6 months in India.
2 Take all the M1 visa paper if you have and H1B Approval papers, along with I-29 petition that was filed by your H1b employer with INS at the time of your H1B, it will be with the employer or the lawyer. Ask for the Lawyer certified copy and copy of LCA, take the Employer letter that should state about the company, your job duties and Pay and that you are workin with them and request to US consulate for H1b stamp, take 4-5 months pay stubs with you. All the degree certificate or EXP certificate Orignal and any Evaluation done by you or your Employer at the time of H1b, Go to India and get your Spouse, child H4 stamped and your H1b stamped. I do not think that for India they are going to take much time.
I do not know the US Consulate that you need for H1b stamping if it is Bombay, I will provide you the lawyer address in Bombay he has office in US and India he will help you if any problem

Take the EAD and orignal AP with you ( No need to show it to conulate, just for safety to return)
3 .Try Canada if you wish and be ready to leave directly for India from Canada if they refuse H1b stamping.


You can also add your spouse and child with your I-485 follow to join better take the services of good Lawyer in this matter and do NOT depend on our options becase we are not lawyers. Some time it can be risky to take such decision based on this Discussion, Please go to good lawyer.
Good luck!!
 
H1-B Stamping required?

Avtaar

Reading through your discussion with RubyJupiter, I am thinking that is it essential to have H1-B stamping at all if one is a Canadian PR? Since border would not require stamping. and if one goes to India, they can go on Canadian PR, come back to Canada and then cross the border into US on I-94...Correct me if I am wrong..I was looking forward to do the same thing, but it seems we require H1-B stamping???

Thanks for all your help
hmnpa
 
FOR hmnpa,
H1B stamp is required according to ones needs and what he/she has to do in future, If one has H1B approval and working and does not want to go out of USA then………….
But to have H1B stamped is required if you want to bring your spouse on H4 or leave US and then reenter, rules for entry to US and immigration are changing everyday, it is not guarantee that commonwealth citizens will be allowed in US from Canada in future, some proposal to eliminate the visa waiver for that is in still in process, nobody knows when it will be in force

One can go to India from Canada and come back to Canada but if you want to enter by I-94 you should be not more than 30 days in Canada or Mexico, this less than 30-day law is for only visit to Canada or Mexico. If you leave India from Canada and then enter US you will face the INS at border or Airport and you will have a stamp on your passport departure from Canada and landing in India then departure from India, what reply you will have for the INS officer?

Better get H1B stamp if you plan to visit India and do not apply H1b in Canada the rejection stamp is not going to do any good.
 
Thanks Avtaar

But I have heard that having a Canadian PR in the passport may have a negative impact on getting the H1-B visa stamp in India.
Please advise if that is not so...Do you know someone who went to India for stamping after having Canadian PR stamped in the passport....That would help a lot.

Thanks for all your help
hmnpa
 
But I have heard that having a Canadian PR in the passport may have a negative impact on getting the H1-B visa stamp in India.

**No Negative Impact having Canadian PR stamp on your Passport to grant you US H1B visa, they have nothing to do with your Canada PR

Please advise if that is not so...Do you know someone who went to India for stamping after having Canadian PR stamped in the passport....

**Many have done it no body faced any problem becase of Canada PR stamp.

You should take all the required documents when go for H1 stamping in India, Current job letter, Paystubs, Orignal H1B approval notice, lawyer Certified copy of your compleate I-29 petition ( that will be with lawyer or your HR ) including LCA, your all education documents, exp letters.

If you have Previous H1B stamped no need to go to US consulate ,you can submit your pappers through Visa Services, they have in Delhi, Bombay, Madras, Hydrabad and you will get your Passport in 4-5 days. you can visit respective US consulate site and find more info if you need.
 
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