Canada Visit & "Last Entry into US" in 140 and 485

[teil]

A question for filling 140 and 485 forms, and many thanks for your reply

I came to US in 2000 with J1 visa and changed to H1B in 2003.
In 2004, I went to Canada for a one week meeting, just simply used my I-94 and came back US without new visa or new I-94. They do have a stamp on my passport showing the date and current status (H1B) though.

Now my problem is that I do not know how to fill the "last entry into US" in the form I140 and I485. If I fill it with the 2000 entry, the Canada visit is then just ignored ?? If I fill with the Canada entry, there is no answer for the following questins on "visa type" "consulate where visa was issued" and "date visa was issued"

Anyone has the same experience or has some idea? Thanks again.

 

[msd_gc]

A question for filling 140 and 485 forms, and many thanks for your reply

I came to US in 2000 with J1 visa and changed to H1B in 2003.
In 2004, I went to Canada for a one week meeting, just simply used my I-94 and came back US without new visa or new I-94. They do have a stamp on my passport showing the date and current status (H1B) though.

Now my problem is that I do not know how to fill the "last entry into US" in the form I140 and I485. If I fill it with the 2000 entry, the Canada visit is then just ignored ?? If I fill with the Canada entry, there is no answer for the following questins on "visa type" "consulate where visa was issued" and "date visa was issued"

Anyone has the same experience or has some idea? Thanks again.

Teil:

Dont worry - Canada entry is considered as just a travel - it is not considered a re-entry into the US as you dont have a new I-94 - so you will give the "Last entry in the US" as per your valid I-94. Just ignore the canada entry.

In short - It is all decided by I94 and nothing else. I had the same case my attorney urged me to ignore Canada visit.

best of luck.

-msd_gc.

 

[teil]

Thank you so much, msd_gc !!!

My lawyer didn't give me a clear answer on this, so I put a post here.

 

[pk_karim]

How?

how did you change your J1 visa to H1 without leaving US for 2 yrs???????
Can you please share your info?

Thanks

A question for filling 140 and 485 forms, and many thanks for your reply

I came to US in 2000 with J1 visa and changed to H1B in 2003.
In 2004, I went to Canada for a one week meeting, just simply used my I-94 and came back US without new visa or new I-94. They do have a stamp on my passport showing the date and current status (H1B) though.

Now my problem is that I do not know how to fill the "last entry into US" in the form I140 and I485. If I fill it with the 2000 entry, the Canada visit is then just ignored ?? If I fill with the Canada entry, there is no answer for the following questins on "visa type" "consulate where visa was issued" and "date visa was issued"

Anyone has the same experience or has some idea? Thanks again.

 

[teil]

just a waiver

sorry, i didn't come to this board often, and just noticed your post.

for J1 visa, if you are not supported by either your home country or US government, it's quite straightforward to get a thing called "J - Waiver", which waives the requirement of going back.

They have detailed description on DOS website, please check by yourself. It was just too long ago, i can only remember the process itself is trouble free, but you do need to be patient.

how did you change your J1 visa to H1 without leaving US for 2 yrs???????
Can you please share your info?

Thanks