Advance Parole And Trip To Canada

[puneet_gcard]

Gurus I need your help here.
Can I go on a trip to Canada without Advance Parole
I have a trip coming up to Canada soon. But my company has not done Advance Parole and I am in my I-485 stage.

Can I go to Canada and come back or DO I have to wait for Advance Parole to visit Canada ?

I DONT HAVE AN H1-B STAMP AS I GOT A CHANGE OF STATUS FROM AN F1 TO AN H1-B INSIDE THE US AND HAVE NEVER LEFT THE US AFTER THAT.

Your replies would be deeply appreciated.

Thanks !!!

 

[jaxen]

Risky...

I think you need atleast one h1 stamp to travel across US border with a h1 approval (without stamp).
I am not sure whether you will get your canada visitors visa without a stamp or AP.

 

[dks00]

You need a travel document (visa, AP etc.) to return. I think
presently you are in dual status ... H-1B and AOS-Pending.
As far as reentering US is concerned you either need a valid H-1B visa stamp or atleast one H-1B (expired okay), a valid I-797 and I-485 receipt.

 

[Sahin]

Not true

Please dont confuse. I got Canadian Visitor VISA for 2 years just two week back, I donot have any H1B visa in my passport. Although, I did mention in the canadian VISA application that I am now H1B status. I send the copy of that H1B approval, I also send my Paystubs, letter of employment.



Whether you can come back or not on valid H1B only without VISA please chek out, http://travel.state.gov/tcn.html. It clearly mention who can come back on valid I-94, and who can not.


I guess you guys know about Automatic Revalidation rule. This rule allows to enter US from Canada even though the person does not have VISA. Since April 1st, this rule has been ammended and it excludes thos people who applies for VISA at canada. Thats it, otherwise, the rule remains intact.

Check this out to see what was the exact rule from state dept. with faq, There is a number where you can call at state department WASHINGTON DC and ask a lady about this rule, and ask her whether you can come back on your H1B approval only. The URL is

http://www.sinc.sunysb.edu/Clubs/sbcssa/wwwboard/messages/3348.html

Even if you dont have one or first time H1B visa, you still would be able to reenter according to law.


Also read this from http://www.admin.ias.edu/ms/visas_travel_changes.htm

Revised Rule

Because of these changes, the rule for travel by nonimmigrants to Canada or Mexico is now as follows: Any person who is maintaining a nonimmigrant status in the United States, and who travels to Canada or Mexico for less than 30 days, can re-enter the United States on the basis of a Form I-94 Departure Record showing that he or she had a valid nonimmigrant status prior to leaving the US, plus a previously-issued (which can be expired, or in a different category than the I-94), IF the person did not apply for a visa while in Canada and is not a national of Iran, Iraq, Libya, Syria, Sudan, North Korea or Cuba.



Hope this helps. Do not get confused anymore. Ask your lawer, I have a reserched a lot about this as the way I will be on the same boat on coming december.


Good Luck!!!!