H1 Visa stamping experience- Canada

Using AVR Rule for travelling to Mexico

Guys I need some genuine advice based on experience in using the automatic visa revalidation rule while reentering US from Canada or Mexico.

My status -

- H1B expired Sep'06 (6 years)
- New I-797 valid till (Sept 2009)with I 94(attached to I-797 )also with the
same validity.
- I need to go to mexico for 3/4 days.
- I would like to utilize AVR(automatic visa revalidation) for reentering as I am not applying for visa in any US consulate in Mexico.

The following are my question :

1. I have two I-94's right now. One is expired & one is the latest from new
I-797.While leaving the country should I get the departure records
stamped in both the I-94's and retain then them?

2. Do I need to tell the immigration officer in advance that I would like to
retain my I-94's or it is somethhing which has to be told when he is
handing back my passport?

3. At the time of re-entry do I need to show the valid I-94's only or all my
I-797 & other docs(including employment letter).

4. Can there be any complications based on experience ? :rolleyes:
Any advice is greatly appreciated.

Thanking you in advance


RanGC :)
 
itsme1 said:
You do not need a new I94, where in the world did u learn that in this situation you are out of status. On what bases did you a new H1b stamped.
Look carefully into it and you will see new I94 on it. Usally the same I94 number but with a extend date.
Stop spreading fears, when you have no idea of what you are talking, keep your guess work to your self.
Click to expand...

Thanks for the candid feedback. My post and comments therein are based on consulting at least 4 people who were in similar situation before and had contacted their attorneys. What do you mean by "USUALLY" -- either you need it or you do not -- Depending on individual situation. BTW if you get scared by these posts - it is entirely your fault.
 
Candian PR Holder H1B 6th year renewal at Toronto Question?

Hey Gurus,

Need your input.

I have my H1B expiring on January 30, 2007. This will complete my H1B for 5 years.(completed2+3years on H1B) My employer applied for 6th year extension and based on my approved labor, my H1B extension I797 is now valid from January 30, 2007 to January 30, 2009. I am with the same employer from EAD to H1B for 5 years.

Questions:

1. I have a Canadian PR stamped in 2005 and after that never been to Canada. Anyone in similar situation, please provide any experience at Port of Entry at Canada

2. I have my appointment at Toronto end of November 2006. Is there any rule that says unless my current H1B expires on January 30, 2007 or 10 days before the expire date is the only time one can go for stamping? ( I read the 10 day rule somewhere in the post here).. Please advise whether I can travel to Canada based on my current H1B Extension valid from January 30, 2007 to January 30,2009.

Please note: I never changed my employer.

Thanks for your time and inputs.
 
Last edited by a moderator:
No Such 10 Days Rule

I've called # given on NVARS/AMCITS website and confirmed with the live operator that there is NO such 10 days rule for H1B Revalidation.

This is the rule only for first time H1B's, which also makes sense!

Even I heardit from somewhere and was also confused, hence called to reconfirm myself and most importantly spend around 30 bucks on that call :)
 
First time H1 stamping

I am currently on J1. I have the J1 waiver approval notice from USCIS and the H1 approval notice. I am trying to get the first H1 stamp on my passport.
I have an appointment at the Ottawa consulate for Oct 31st. It will be great if someone could clarify the following:

1. I have only I797B - do I need I797A also?

2. The I797 states that I am supposed to get the H1 from New Delhi consulate. And that only New Delhi consulate has been notified of the approval. In case I try to get the issuance from some other consulate I should notify the INS so that they can notify that other consulate. In my current I797 New Delhi is the issuing post. Do I need to do something before I go to the Ottawa embassy? If yes, what do I need to do?
 
Thanks greencard_man for the info.

greencard_man said:
I've called # given on NVARS/AMCITS website and confirmed with the live operator that there is NO such 10 days rule for H1B Revalidation.

This is the rule only for first time H1B's, which also makes sense!

Even I heardit from somewhere and was also confused, hence called to reconfirm myself and most importantly spend around 30 bucks on that call :)
Click to expand...

Thanks for the info.
 
H1B Visa stamp - family interview

Hello, I came to US on B1 visa, converted to H1B visa and working here from last 8 years. I did not travel anywhere outside the US (other than Canada), so I have B1 visa stamp in my passport, with valid I-94 for H1B. 7 years back I sent my H1B papers to my wife and daughter and they got H4 stamping from Chennai. My green card in the process now (I-140 approved) and got additional 3 year H1B extension. Our second child 2 year old, born here. We also got our Canada PR cards. We have travel to Canada using the AVR and now I got the H1B initials on my passport and on my new I-94 card. Basically I have B1 stamp on my passport and entered as H1B, as my I-94 belongs to H1B visa. We took the appointment at Ottawa in December second week. As part of the Canada PR process, we went through medicals, FBI report...etc.

Do you guys think any problem in getting my H1B stamp for me and H4 revalidation for my wife and daughter? I have all the paper work and working for one of the big company.

Also can you guys please tell me on interview stuff, all of family will be interview at the same time? I took appointment with my name and entered the dependant details.

My intention is to stay in US once I got my GC.

Any suggestions would be helpful for us.

Thanks in advance!
 
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If I goto Canada on my valid I-94 (but expired visa) and then to 3rd country, can I come back to US from Canada within 30 days? (basically can i avail 30 days rule If i vist 3rd country from Canada?)
 
srisree23 said:
Hello, I came to US on B1 visa, converted to H1B visa and working here from last 8 years. I did not travel anywhere outside the US (other than Canada), so I have B1 visa stamp in my passport, with valid I-94 for H1B. 7 years back I sent my H1B papers to my wife and daughter and they got H4 stamping from Chennai. My green card in the process now (I-140 approved) and got additional 3 year H1B extension. Our second child 2 year old, born here. We also got our Canada PR cards. We have travel to Canada using the AVR and now I got the H1B initials on my passport and on my new I-94 card. Basically I have B1 stamp on my passport and entered as H1B, as my I-94 belongs to H1B visa. We took the appointment at Ottawa in December second week. As part of the Canada PR process, we went through medicals, FBI report...etc.

Do you guys think any problem in getting my H1B stamp for me and H4 revalidation for my wife and daughter? I have all the paper work and working for one of the big company.

Also can you guys please tell me on interview stuff, all of family will be interview at the same time? I took appointment with my name and entered the dependant details.

My intention is to stay in US once I got my GC.

Any suggestions would be helpful for us.

Thanks in advance!
Click to expand...


I am exactly on the same boat as you are. Thought of going to stamping last month when I went to Canada for Landing purpose, but did not go because my Lawyer told me that (if it is my first H1b stamping be prepared to stay there (in Canada) for more than 2 weeks for all the back ground checks and so on. First H1b stamp should be from your origin country, and also added it is your best option to use AVR to come back to USA)

Note: I am a non muslim and from India.

I did'nt mean to scare you, I am just sharing the info which I followed. Best of Luck to you. AND even I booked the appointment in Ottawa for me and my family to be on a safer side if I was not allowed to use AVR, will go back to Ottawa consulate for stamping. I was in USA using AVR.

Share your experience.

Good Luck.
 
web_guru2003 said:
If I goto Canada on my valid I-94 (but expired visa) and then to 3rd country, can I come back to US from Canada within 30 days? (basically can i avail 30 days rule If i vist 3rd country from Canada?)
Click to expand...

No. One must not leave Canada or Mexico for AVR to work. Anyways, this is too risky for Pakistani men, so be advised.
 
Successful stamping in Ottawa ON

Background:
Based on I-140 approval from old employer, applied for H1B transfer in 6th year to new employer.
Non-US Bachelor degree
Earlier had several successful stamping

I had new visa endorsement in Ottawa On.

Questions:
1) Letter from employer
2) Old employer 797

No questions on anything else.
It took less than two minutes.
Passport was issued next day at 2.45 PM with three years

Entered Canada by land, informed authority at checkpoint that I am going to US consulate in Ottawa. I was asked to see immigration and customs officer inside the adjacent building.
Officer inside was friendly, put stamp on the passport with details on port of entry and date.

While entering US: US officer at checkpoint verified my new visa sticker in passport and asked to see homeland security officer ( I think they do immigration and customs as well).
Officer was took time went through 797 and letter from employer and asked my address in US, I gave my driver license.
Got the new I-94 card with expiry date of 797.


There are good hotels in walking distance of the consulate like Les Suites, Marriott ..
If you mood and time lots of places to see around,
 
B1 to H1 stamping is better to go by attorney's advice. US Consulates in Mexico clearly state that B1 to H1 stamping is NOT done there and advices to do in home country. For Canada better to make it clear by calling them in advance or by consulting with an immigration attorney.


srisree23 said:
Hello, I came to US on B1 visa, converted to H1B visa and working here from last 8 years. I did not travel anywhere outside the US (other than Canada), so I have B1 visa stamp in my passport, with valid I-94 for H1B. 7 years back I sent my H1B papers to my wife and daughter and they got H4 stamping from Chennai. My green card in the process now (I-140 approved) and got additional 3 year H1B extension. Our second child 2 year old, born here. We also got our Canada PR cards. We have travel to Canada using the AVR and now I got the H1B initials on my passport and on my new I-94 card. Basically I have B1 stamp on my passport and entered as H1B, as my I-94 belongs to H1B visa. We took the appointment at Ottawa in December second week. As part of the Canada PR process, we went through medicals, FBI report...etc.

Do you guys think any problem in getting my H1B stamp for me and H4 revalidation for my wife and daughter? I have all the paper work and working for one of the big company.

Also can you guys please tell me on interview stuff, all of family will be interview at the same time? I took appointment with my name and entered the dependant details.

My intention is to stay in US once I got my GC.

Any suggestions would be helpful for us.

Thanks in advance!
Click to expand...
 
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H1 Visa Interview in Toronto - With bachelor's degree from India

Hi,
I got my H1 visa approved in April 06 and it was approved using my bachelor's degree (mech. engg)from India. Although I did my masters (industrial engg) in US, I could not file for my H1 using my masters since I did not complete it by tht time. I am now working in a mechanical engg based job.I have my masters degree certificate with me now and have booked an appointment in Dec. Please let me know whether its safe going to Canada for my stamping. Thanks.
 
Thanks for quick reply

DSLstart said:
B1 to H1 stamping is better to go by attorney's advice. US Consulates in Mexico clearly state that B1 to H1 stamping is NOT done there and advices to do in home country. For Canada better to make it clear by calling them in advance or by consulting with an immigration attorney.
Click to expand...

hi DSLstart, thanks a lot for the quick reply. I made the reservation just 6days ago and yesterday we have received the appointment confirmation papers. Can you please tell me what should I ask when I call the US consulate officer? Since we have all the paper work and we are Canadian PRs, I thought that we can go for stamping. Do you know when I call the US consulate officer, is it possible to explain all these details? Also is there any email that I can send my questions?

Thanks again for help!!
 
Trying to get Visa stamped in Canada - Need Help

Hello Everyone,

My situation is as follows:
1) I have a B.S. degree from a liberal arts college in the USA. Originally I had come to the U.S. on a F-1 Visa (in 1996) which got changed to a H-1 back in 2001.

2) I am a H-1B Visa holder currently working as an IT professional at a high-tech company in California, USA. I have not travelled to India since Dec, 1997 (while I was still on a F-1)

3) I have applied for my H1 extension (3 year) since my GC is in I-140 stage and I have to wait a year at least in order to apply for the I-485. I am currently waiting for the H-1 extension approval to come through.

I would like to go to Canada to get my Visa restamped before I travel to India. Actually I have not been to India since 1997 (my own fault) but I miss my family terribly and I want to go back and see them as soon as I can.

I know about the following documents that I need:
a. Original H-1B approval notice
b. Completed Forms DS-156 and DS-157 for me.
c. Certified copy of approved H-1B petition
d. Visa spport letter from my company;
e. At least six months validity in current passport
f. Original educational documents and degrees.

Based on this situation, how likely is it (in your opinion) that I will get my H-1 stamped in one of the consulates in Canada and will be able to re-enter the US without any issues. Is the document list I have comprehensive or do I need to add anything to it?

Any help or direction that anyone here can provide is greatly appreciated. I am very thankful to you for reading my note.

Thanks a lot.
 
did your visa stamp expire when you went for stamping?

cr523 said:
Background:
Based on I-140 approval from old employer, applied for H1B transfer in 6th year to new employer.
Non-US Bachelor degree
Earlier had several successful stamping

I had new visa endorsement in Ottawa On.

Questions:
1) Letter from employer
2) Old employer 797

No questions on anything else.
It took less than two minutes.
Passport was issued next day at 2.45 PM with three years

Entered Canada by land, informed authority at checkpoint that I am going to US consulate in Ottawa. I was asked to see immigration and customs officer inside the adjacent building.
Officer inside was friendly, put stamp on the passport with details on port of entry and date.

While entering US: US officer at checkpoint verified my new visa sticker in passport and asked to see homeland security officer ( I think they do immigration and customs as well).
Officer was took time went through 797 and letter from employer and asked my address in US, I gave my driver license.
Got the new I-94 card with expiry date of 797.


There are good hotels in walking distance of the consulate like Les Suites, Marriott ..
If you mood and time lots of places to see around,
Click to expand...
 
no you cannot leave the northern america

web_guru2003 said:
If I goto Canada on my valid I-94 (but expired visa) and then to 3rd country, can I come back to US from Canada within 30 days? (basically can i avail 30 days rule If i vist 3rd country from Canada?)
Click to expand...

and come back thru canada as i spoke to the border officer before visiting canada for my pr he said as long as u are in northern american continent yo are fine -but once you are out then you cannot come in the us thru canada
 
Guys anyone out there who recieved the call from Consulate on booking of appointment that he/she may be subject to administrative process but did actually get visa without the administrative process?
 
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