H1b Expired Visa Stamp - Valid I-94 - Canadian PR - Question about landing?

H

harryali

Registered Users (C)
Hey Guys,

Thanks in advance for your help.

I am in USA on H1b with expired Visa Stamp and valid I-94 card. I need to travel to Canada to validate my Canadian PR and come back?

Can I come back to US with valid I-94 within 30 days?
I am taking more than 10K USD, Do I have to report anywhere that I am taking that amount of money (in US or Canada)?

Can I get new I-94 Card at the Canadian Airport or US Airport?

Thanks,
Haider
 
I Am From Pakistan And In The Same Boat

Hello Ali

I Have To Land Canada B4 September 11 ,2006 And I Have Expired Visa On Mt Passport My Sevent Year H1b1 Is Valid Till July 2007. I Want To Go To Canada For Landing And Wants To Enter U S A On Valid I-797 And I-94 .

The State Department Website Says That U Can Re-enter If You Have Not Applied Visa In Canada And If You Are Cmoing Back Within 30 Days And If You Are Not From The Country Who Sponsor Terrisam (pakistan Is Not From Those Country)


But Still I Want To Re-confirm It If Any Body Here Has Recent Experience Pls Respone

Tanveer
 
Avr

Thanks for your reply - BB

What documents you had to show at the Toronto Airport when you were coming to USA? What questions did the immigration officer ask you at the Toronto and at the US airport?

Your help will be highly appreciated.
 
Situation:

- My multiple entry visa stamp and I-94 has expired two weeks ago and my wifes multiple entry visa stamp and I-94 will expire next month.
- We both have been in US on a Valid H-1B visas, she has a H-1B --- she is not a dependent.
- We both received our 7th year H-1B extensions last month which is valid until next year based pending GC applications.
- Last week I have been approved for a Canadian PR and we have to send our passports to Canadian Consulate for PR stamping.

Questions:
Q1) To validate the Canada PR, I am planning to go to Canada for a week, Are there any known issues if we stay in Canada only for 5 days ?

Q2) Does canadain PR need valid multiple entry stamp in their passport? assuming they have valid H-1B Visa and expired I-94?

Q3) During those 5 days I am planning and get multiple stamping done again. Would there be a issue if we have Canada PR stamping in our passports while we go for Multiple Stamping to US Consulate in Ottawa?

Q4) Are there any known issues having a Canada PR and coming back to us on a H-1B (7th year)?
 
ANSWERS:

Q1) To validate the Canada PR, I am planning to go to Canada for a week, Are there any known issues if we stay in Canada only for 5 days ?

No...You will be a PR of Canada - you can stay there as long as you want...

Q2) Does canadain PR need valid multiple entry stamp in their passport? assuming they have valid H-1B Visa and expired I-94?

No.


Q3) During those 5 days I am planning and get multiple stamping done again. Would there be a issue if we have Canada PR stamping in our passports while we go for Multiple Stamping to US Consulate in Ottawa?

There is no issue because of obtaining cdn PR. The issue is here: You are out of status in the USA since you have mentioned that your visa stamp AS WELL AS I-94 has expired. Therefore, if this is true (and not a typo), you might not get your H1 multiple visa stamp..

Q4) Are there any known issues having a Canada PR and coming back to us on a H-1B (7th year)?

No.
 
Q3) During those 5 days I am planning and get multiple stamping done again. Would there be a issue if we have Canada PR stamping in our passports while we go for Multiple Stamping to US Consulate in Ottawa?

>There is no issue because of obtaining cdn PR. The issue is here: You are out of status in the USA since you have mentioned that your visa stamp AS WELL AS I-94 has expired. Therefore, if this is true (and not a typo), you might not get your H1 multiple visa stamp..

My Multiple Entry Visa Stamp in the passport and I-94 which is stapled to the passport have expired. But 2 weeks before they expired I received a valid I-797(7th year H-1B Extension paper), would that be enough?
 
Situation:

- My multiple entry visa stamp in my passport and I-94 stapled in the passport during entry to US has expired two weeks ago and my wifes multiple entry visa stamp and I-94 stapled in the passport will expire next month.

- We both have been in US on a Valid H-1B visas, she has a H-1B --- she is not a dependent.

- We both received our 7th year H-1B extensions(I-797 paper) last month which is valid until next year (2007) based pending GC applications.

- Last week I have been approved for a Canadian PR and we have to send our passports to Canadian Consulate for PR stamping.

Questions:
Q1) To validate the Canada PR, I am planning to go to Canada for a week, Are there any known issues if we stay in Canada only for 5 days ?

Q2) Does canadain PR need a valid US multiple entry visa stamp in their passport to renter US? assuming they have valid 7th year H-1B Visa(I-797 valid until 2007) and expired I-94(stapled in the passport during entry to US) and Expired Multiple Entry visa stamp in the passport?

Q3) During those 5 days I am planning and get multiple stamping done again. Would there be a issue if we have Canada PR stamping in our passports while we go for Multiple Stamping to US Consulate in Ottawa? Remember: multiple entry stamp in the passport and I-94 stapled in the passport during entry to US have expired but I still hold a Valid I-797(7th year H-1B Visa Paper valid until 2007), Based on that valid I-797(7th year H-1B Visa paper) we are planning to go to US consulate in Ottawa for another Multilple entry Stamping.

Q4) Are there any known issues having a Canada PR and coming back to us on a H-1B (7th year)?

Q5) Canadain Consulate said they need our passports for PR Stamping? Are they issuing the PR card or are they issuing a visa with which we need to enter Canada to get our PR Card there?
 
Last edited by a moderator:
I have answered most of your questions in my earlier post. DO NOT say that you have an expired I-94 - that creates a confusion. Look at your renewed I-797. At the bottom, you will see a valid I-94. That means, you DO have a valid I-94 (having the same number as the one stapled in your passport).

In this situation, you should have no problems in getting a new H1 visa stamp in Ottawa. CAUTION: If your visa is refused for whatever reason, you will not be able to cross the border back into the USA and will be stuck in Canada.
Therefore, it is safer to return to the US, without trying for the H1 visa stamping in US consulate. That way, you will be able to use the AVR.

Generally speaking, Cdn PRs DO need the visa to cross into the the USA. But you can use the AVR (with valid I-94 and the expired US visa stamp), if you do not visit the US consulate for getting the new visa.

The answer to your last question: Cdn consulate will just issue you a PR stamp so that you will be able to enter Canada. Your PR card will be mailed to you later - the immigration officer will ask for the address to mail it when you land in Canada.
 
Bbigboy00

That was really helpfull.

One quick question.

I am in 8th year and waiting to file my I140. Having Canadaian PR on my passport, will it create any problem in my GC process or future H1 approval and visa stamping ?

Thank you in advance .

Mahendra


bigboy00 said:
I have answered most of your questions in my earlier post. DO NOT say that you have an expired I-94 - that creates a confusion. Look at your renewed I-797. At the bottom, you will see a valid I-94. That means, you DO have a valid I-94 (having the same number as the one stapled in your passport).

In this situation, you should have no problems in getting a new H1 visa stamp in Ottawa. CAUTION: If your visa is refused for whatever reason, you will not be able to cross the border back into the USA and will be stuck in Canada.
Therefore, it is safer to return to the US, without trying for the H1 visa stamping in US consulate. That way, you will be able to use the AVR.

Generally speaking, Cdn PRs DO need the visa to cross into the the USA. But you can use the AVR (with valid I-94 and the expired US visa stamp), if you do not visit the US consulate for getting the new visa.

The answer to your last question: Cdn consulate will just issue you a PR stamp so that you will be able to enter Canada. Your PR card will be mailed to you later - the immigration officer will ask for the address to mail it when you land in Canada.
Click to expand...
 
Should we prevent officer from taking our expired I-94 and valid I94 on form 797?

Will do short landing and come back in 2 days. When we exit US, should we keep both expired I-94 and new I-94 which attached on the valid form 797 to make sure we can come back?

Can someone confirm this? We so appreciate it!
 
Mahendra,

Cdn PR will not create any problem in your I-140 processing (or as a matter of fact it will not create any problem in any of the future states such as I-485). You are safe...
 
F1 expired - H1/valid I-94 - AVR -Canadian PR

Hello everybody,

My situation:
I have an expired F1 visa stamp in my passport (was on F1 for 4 years). I have been in the states for the last 6 years. I haven’t left the country since I came here. Working on H1 for the last 2 years and have a valid 1-94. I have to go Canada before 30 May 2006 to get my Canadian PR stuff. I don’t want to apply for a new visa stamp and want to come back with my expired F1 visa (want to use automatic visa revalidation) and resume my job. Don't have any plans to settle down in Canada for a year or so.

My quesitons/concers:
1) Is flying a better option than going by road? I am considering flying to Toronto or going by road through Detroit.

2) Once I land in Canada (by road or through plane), don’t they ask you to surrender your I-94? If I just tell them that I want to go back in a couple of days so I can’t surrender my 1-94, is that ok? I have heard stories that they get offended that you want to go back and don’t want to live here. Any comments?

3) On way back to America, who looks at visa and I-94? Canadian or US immigration officer and is it done in Canada or USA? Are they all familiar with AVR, in other words, do they know well that you can come back to the states on expired visa? Any comments? This is scaring me

4) If I decide to take my personal car, can I ask the Canadian immigration officer that I don’t want to "import" my car. Usually if you take your car, they charge tax etc and ask you to have your car registered in Canada. They assume you are going to Canada as a permanent resident so you want to take your car. Since I want to come back so I don’t want to use this option (importing car and paying tax). I hope they don't get offended that I am going back in a day or two and may refuse entry to Canada. Anybody who took his/her personal car to Canada for PR purposes or drove a rent a car, please share your experience. Your help is highly appreciated.

Thanks a lot for your help.

Ia
 
1) Is flying a better option than going by road? I am considering flying to Toronto or going by road through Detroit.

--- Ans: No option is better than the other - it all depends on your convenience. You can choose either of them.

2) Once I land in Canada (by road or through plane), don’t they ask you to surrender your I-94? If I just tell them that I want to go back in a couple of days so I can’t surrender my 1-94, is that ok? I have heard stories that they get offended that you want to go back and don’t want to live here. Any comments?

--- Ans: No, they don't ask you for the I-94 if you don't show them. Remove the valid I-94 from your passport and keep it separate. In case they ask though, tell them you are going back - no problem in saying this... Follow the "don't ask don't tell" policy.

3) On way back to America, who looks at visa and I-94?

---Ans: US Immigration will take care of the AVR - they look at your visa/passport/I-94. If you are flying though, the airline people who give you the boarding pass will also ask for it before you go through the US customs and Immigration. They all know the process. In my case, once, the officer did not know. So the senior officer came and took care of it - No problem at all!

4) If I decide to take my personal car, can I ask the Canadian immigration officer that I don’t want to "import" my car.

--Ans: Again, No problem in saying that you plan to go back to the US to sell the car and then you will be back for good. But do not have the experience of "landing with the car"..Other people may be able to comment on this..
 
Bigboy thanks a lot for your input. I'll post my experience once i come back from Canada. Thanks again.

Cheers!
 
landing exprerience and coming back using AVR

Hi All,

I flew to Toronto to land as a new immigrant (I’m a Pakistani citizen). All went well, they didn’t ask any difficult questions. I had taken my 1-94 out of my passport (because I wanted to come back to the USA) and they didn’t ask about that. Went out of the airport and applied for my SIN card and opened a bank account. All went smoothly ... no problems at all.

On my way back to America, I missed my flight because US immigration took so long. They just asked routine questions, like where do you work, when did you graduate etc. Basically, they were just trying to make sure that I was in legal status in the states. They didn’t say anything about my expired visa. So, I guess, they are very well familiar with AVR (automatic visa revalidation). My expired visa is of F class (student) and my current status is H1B.

A piece of advices, if you plan on flying back to the states, go to the airport at least 4 hours before your flight. US immigration can take several hours!

Also, if you are Pakistani citizen, make sure to register before you leave (special registration). In addition to the special registration, make sure to comply with the US-VISIT program. If you are flying out of the states, make sure to go to any of the US-VISIT kiosks at the airport and follow the instructions. Remember, US-VISIT and special registration are two separate programs. I am not an immigration expert so please check with your lawyers for more details.

Hope my experience helps you guys.

Ia12
 
H4 to H1 Status and Canadian Landed Immigrant confused.

Hi All,

I came to US first time on H4 stamping in US and then I have change H4 to H1 and got new Approval and I-94 valid till sep 2007. working on H1 almost 9 months. Still I have H4 stamping in my passport H4 Visa Valid till Feb 2007.

I have got my PR for Canada and I have to enter into Canada before Aug 4th 2006.

I am bit confused.

1] what is best option going to canada and coming back ? I am planning to go by Car cause I am in Detroit.

2] Do I need to get stamped for H1 Visa from Canada for coming back to US again.

3] I am planning to go for only 3 days is there any options available? I heard and read on this forum about "AVR Automatic Revalidation of visa" which tells that with New I-94 (comes with my H1 Approval) I can travel for max 30 days. is it works for me also ?

Please guide me if anybody having knowledge of it.

Thanks in Advance,
 
1] what is best option going to canada and coming back ? I am planning to go by Car cause I am in Detroit.

-- Going by car is okay..Cheapest for you considering your location.

2] Do I need to get stamped for H1 Visa from Canada for coming back to US again.

-- You can if you want, but you can use AVR depending on your country of citizenship.

3] I am planning to go for only 3 days is there any options available? I heard and read on this forum about "AVR Automatic Revalidation of visa" which tells that with New I-94 (comes with my H1 Approval) I can travel for max 30 days. is it works for me also ?

-- Yes, you can use AVR if you do not apply for a US visa in US consulate in Canada.
 
can I re-enter to USA after getting canadian PR?

Hi everybody,
I need some help if anybody can help me I will appreciate,I am a pakistani citizen with common first name, came to USA on J1 which changed to H1 now I have valid I-94 but never stamped my passport for H1 visa, now I am applying for canadian immigration, by reading different posts here I came to know that after getting canadian PR if I go to canada I can re-enter in USA with my valid I-94 unless I applied for any visa, now my question is:

If I applied for visa stamp in canada, VO approved my case but put it on security check can I still allowed to come back to USA only with valid I-94?

My other question is:
If I go to canada with PR of canada and from canada I go to my home country pakistan then came back to canada and then enter to USA from canadian border still I need multiple entry H1 visa ?

Thanks in advance
take care
 
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