Re-Entry from Canada

U

ug80

Registered Users (C)
Hey guys...

Its been a while since I have been in this forum. Hope everything is going well with everybody. Anyhow, I need your guys help

I have an approved H1 from company A, now I am working for company B, and they are in a process of transferring my H1. However, I need to goto Canada before July 23 to complete my Canadian residency process.

Now my question is, can I just go to Canada, get my residency thing done and re-enter on my I-94? Or would I have to re-apply for my H1 to re-enter?:confused:

My current I-94 does not have a stamp, I don't know what my new I-94 would look like. And I don't know if that matters:). Anyway any help or advice would be appreciated. Thanks in advance
 
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Here is what you do (assuming you already have an expired H-1B stamp):
1. Wait for the H-1B visa transfer. Replace the old I-94 with the new one provided with te approval notice.
2. Travel to Canada to complete the landing process. You will not be asked to deposit the I-94 upon leaving US.
3. Use Automatic Visa Revalidation to re-enter US.
 
manwithnoname said:
Here is what you do (assuming you already have an expired H-1B stamp):
1. Wait for the H-1B visa transfer. Replace the old I-94 with the new one provided with te approval notice.
2. Travel to Canada to complete the landing process. You will not be asked to deposit the I-94 upon leaving US.
3. Use Automatic Visa Revalidation to re-enter US.
Click to expand...

My old H1 never expired and it does not have a stamp. Im just getting it transferred to a new company. I should get it sometime in JUNE. My lawyer said that "We expect to have the change of status approved", i don't know what that means.

My question is here is: Do i have to take an appointment and apply for a new H1 OR can I just drive in, get my Canada thing done, and drive back out?

The link you posted, im going through right now, hopefully that would answer my question.

Again thanks for any help.
 
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ug80 said:
My old H1 never expired and it does not have a stamp. Im just getting it transferred to a new company.
I should get it sometime in JUNE.

My lawyer said that "We expect to have the change of status approved", i don't know what that means.
---------------------------Status Changed??? are you not on H1 status? if employer filed H1 transfer it is not Status change
My question is here is:
Do i have to take an appointment
---------------------YES
and apply for a new H1
--------------------------- why this new H1? do you mean to get H1 visa stamp??
OR can I just drive in, get my Canada thing done, and drive back out?

The link you posted, im going through right now, hopefully that would answer my question.

Again thanks for any help.
Click to expand...

not full info provided.
You say you have H1 of A and working with B
Do you have valid Visa Stamp in your passport through A? and valid I-94, if not how did you come to US on what status and then changed to H1 in US.
how you are working with employer B did B filed H1 Transfer with USCIS and you have H1 transfer filing reciept of H1 transfer filing?
need your info in details
 
ginnu said:
not full info provided.
You say you have H1 of A and working with B
Do you have valid Visa Stamp in your passport through A? and valid I-94, if not how did you come to US on what status and then changed to H1 in US.
how you are working with employer B did B filed H1 Transfer with USCIS and you have H1 transfer filing reciept of H1 transfer filing?
need your info in details
Click to expand...

sure...

I came here on a visit Visa.

I got it changed to F1.

My first H1 from company XYZ got denied, but i had my OPT and then changed my status back to F1 and finished my masters.

After my masters i got my H1 from Company A. I got a new I-94. I don't think it has a stamp on it, but at the same time i may not fully understand what having it stamped means.

Anyhow...I am working for Company B now, and they are in a process of transferring it. As mentioned before i should be getting a new I-94 any time in June.

How am i working for company B if it has been transferred yet? Well thats because my OPT is still valid.

I don't have the original copy of the receipt but i do have a copy.

So If i just want to get it stamped, i cant just drive in and drive outta here?

See in this case...even i m confused on how is this getting processed. Its not my lawyer, its the company lawyer.

I was trying to attach the receipt..but it wouldnt let me..i don t know why, but...Please feel free to ask if you need any more information. Thanks
 
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ug80 said:
sure...

I came here on a visit Visa.

I got it changed to F1.

My first H1 from company XYZ got denied, but i had my OPT and then changed my status back to F1 and finished my masters.

After my masters i got my H1 from Company A. I got a new I-94.
-----------after your masters Company A filed H1 petition for you and you got H1 approval notice and I-94 was attached with your H1 approval notice if that is true then no stamp on I-94. I was asking if you have H1 Visa stamp, but from your answer it seems you dont have H1 Visa stamp in your passport

I don't think it has a stamp on it, but at the same time i may not fully understand what having it stamped means.
---------------when you enter US with H1 or H4 or B or O or P visa stamp in your passport then in Flight they give you white form that is I-94 form, when you reach US POE the officer stamp the I-94 and attaches to your Passport. You should remember your entry to US as when you came on visit Visa
Anyhow...I am working for Company B now, and they are in a process of transferring it.
----------------------how you can work with B if B has NOT filed H1 Transfer with USCIS?????

As mentioned before i should be getting a new I-94 any time in June.
---------------if B has filed H1 transfer then after H1 transfer gets approved then you will get I-94 attached with H1 transfer approval

How am i working for company B if it has been transferred yet? Well thats because my OPT is still valid.
-----------------------
I don't have the original copy of the receipt but i do have a copy.
-------------------------what copy???
So If i just want to get it stamped, i cant just drive in and drive outta here?
-----------------first you need to have H1 approval of B if you want to Get H1 stamp, by driving you dont get visa stamp
See in this case...even i m confused on how is this getting processed. Its not my lawyer,
its the company lawyer.
-----go and ask him
I was trying to attach the receipt..but it wouldnt let me..i don t know why, but...Please feel free to ask if you need any more information. Thanks
Click to expand...

----------------
 
In my understanding, probably this is the sequence of events:
1. Landed in US on visitor visa with passport stamp and a I-94.
2. Changed status to F-1 and obtained a new I-94.
3. Started employment with Company A (another I-94).
4. Accepted employment from Company B. Now, did you started working on OPT or upon receiving the H-1B transfer receipt notice? In either case you have to wait for the H-1B transfer process to complete before you can go to Canada for visa stamping. Please remember a new I-94 overrides the old ones (even if they are valid).
 
manwithnoname said:
In my understanding, probably this is the sequence of events:
1. Landed in US on visitor visa with passport stamp and a I-94.
2. Changed status to F-1 and obtained a new I-94.
3. Started employment with Company A (another I-94).
4. Accepted employment from Company B. Now, did you started working on OPT or upon receiving the H-1B transfer receipt notice? In either case you have to wait for the H-1B transfer process to complete before you can go to Canada for visa stamping. Please remember a new I-94 overrides the old ones (even if they are valid).
Click to expand...

YES..you got it all correct...I started working on OPT and then i received my H1-B transfer receipt notice i.e. Company B has already filed for H1-B transfer with USCIS and I am expecting to get a new I-94 sometime in June.

So if I am getting this right:

1. I get my new I-94 when the transfer is complete
2. Then go to Canada and take an appointment at any US consulate
3. Go to US consulate and get my H1 stamped

now my question is...Do i need to do that?

I mean my main concern here is to complete my Canadian residency paperwork in Canada and come back. so thats why i was asking if i can just drive in, get my paper work done and drive back to states on my new H1-B/I-94 once it gets transferred.
 
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If you got your H1 approved for company A, then you are automatically out of F status. OPT is valid only when you are on F status. Now if you are transferring to company B and you have not received the approval notice yet, this does not mean that you can opt back to your OPT at your own discretion. You are out of F status! You are not permitted to work for B until your H1 is transferred to B.

(I'm not an expert)
 
ug80 said:
YES..you got it all correct...I started working on OPT and then i received my H1-B transfer receipt notice i.e. Company B has already filed for H1-B transfer with USCIS and I am expecting to get a new I-94 sometime in June.

So if I am getting this right:

1. I get my new I-94 when the transfer is complete
2. Then go to Canada and take an appointment at any US consulate
3. Go to US consulate and get my H1 stamped

now my question is...Do i need to do that?

I mean my main concern here is to complete my Canadian residency paperwork in Canada and come back. so thats why i was asking if i can just drive in, get my paper work done and drive back to states on my new H1-B/I-94 once it gets transferred.
Click to expand...

If you do not want to stamp the new visa in the passport, then you can use the automatic visa revalidation rule (link already provided) to re-enter US. In that case you can use the current I-94.
 
manwithnoname said:
If you do not want to stamp the new visa in the passport, then you can use the automatic visa revalidation rule (link already provided) to re-enter US. In that case you can use the current I-94.
Click to expand...

Awesome...that what i wanted to know...because I am not in a hurry to get my passport stamped, i can get my passport stamped maybe later when i am on a vacation but for right now i just want to get my Canada thing done and come back...

Thanks for your help...For some reason i thought that the Visa revalidation thing is just for the people that have their passport stamped but Ill go through the link again.

So hopefully everything will go fine..and come June when i get my new I-94, ill head to Canada...wish me luck..ill let you guys know abt my trip..
 
I went through the article posted in link provided. Everything make sense and looks good

My concern here is though, the article if from 2002. Alot has changed since then. Is this LAW still valid?
 
ug80 said:
I went through the article posted in link provided. Everything make sense and looks good

My concern here is though, the article if from 2002. Alot has changed since then. Is this LAW still valid?
Click to expand...

Hi,
I think your concern is correct.
This automatic visa revalidation will not work.
You will not be able to enter in USA without stamped visa.
To get into USA without the stamped visa you must be a citizen of visa waived countries like CANADA and UK etc. If you are not a citizen of visa waived countries then you won't get in without stamped visa.

Please consult with your immigration lawyer or call to any port of entry and ask this question directly.

good luck.
 
faranianq said:
Hi,
I think your concern is correct.
This automatic visa revalidation will not work.
You will not be able to enter in USA without stamped visa.
To get into USA without the stamped visa you must be a citizen of visa waived countries like CANADA and UK etc. If you are not a citizen of visa waived countries then you won't get in without stamped visa.

Please consult with your immigration lawyer or call to any port of entry and ask this question directly.

good luck.
Click to expand...

You are confused: we were discussing re-entry to the US while holding a legal status. This should not be mistaken for visa admission rules.
 
ug80 said:
I went through the article posted in link provided. Everything make sense and looks good

My concern here is though, the article if from 2002. Alot has changed since then. Is this LAW still valid?
Click to expand...

Well, that's the latest on the automatic visa revalidation.
 
manwithnoname said:
You are confused: we were discussing re-entry to the US while holding a legal status. This should not be mistaken for visa admission rules.
Click to expand...

I would still humbly suggest to double check with the port of entry. There is no harm to make sure instead of getting in trouble later.

Sincerely,
 
Hey guys

Just wanted let you guys know...that i went to Canada and came back...Thanks for all your help.

As per Automatic Visa Revalidation, I was able to re-enter.

I got lucky though because this was the first time i was leaving USA after the special registration, and I was suppose to inform at the port that i m crossing the border, however, I didn't do that. Call that ignorance or carelessness, but I guess i was lucky that the officer let me through.

He gave me a hard time about it and denied to stamp the departure date but did stamp me for arrival. His exact words " Let him tell the Department of justice why he failed to follow the law".

He mentioned that it could have caused me my H1 and I could have been denied to re-enter. And I dont know how it slipped my mind but anyway since he let me through and I am back, does anybody know if that could be an Issue?

Should I be worried and follow up on anything?

He did make a note of it and said that if something like this happens again then i will not be allowed to re-enter.

Any suggestions?
 
There is always a potential that this may give you trouble when (and if) you apply for a greencard and/or citizenship. What citizenship do you hold?

ug80 said:
Should I be worried and follow up on anything?

He did make a note of it and said that if something like this happens again then i will not be allowed to re-enter.

Any suggestions?
Click to expand...
 
Triple Citizen said:
What citizenship do you hold?
Click to expand...

I am from Pakistan. I have heard the same thing from few other ppl that it may cause me some trouble in GC processing. Its just a shame though that when i thought everything was under control, i totally forgot about special registration. And i had no damn excuse to cover that up at that time and the worst thing i could have said its "i forgot", so i stayed quite. i was just in a little shock when he said that...and i was like F.

well lets see how bad this one mistake will cost me. If anybody have suggestions than please help out. Thanks
 
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