Major goofup at the border!!

Re: GUYZ PLZ HELP??

Originally posted by mebobby
according to Vault message...do canadian landed immigrants working in USA on H1B required visa on thier passports??...i am canadian PR working in USA on H1b for a while...and usually on passport u only get entry stamp and i-94 card....rite now am in canada for a short visit...can some body pls tell me do i require a visa?? to go back...i mean i do have a valid H1b and 1-94 card on my passport...pls help...thanks
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I will say yes. But, others will say no. Why don't you try and reenter without a VISA. See what happens! Good Luck!
 
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"Cancelled without Prejudice"

I have an old H-1 visa that has the "Cancelled without Prejudice" stamp. What does that mean? When I am filling the form this time..what should I enter in the DS-156 where is says "Have any of your visas been cancelled?

Please advise.

Louie
 
Canada /US border crossing

guess sometimes u gotta follow ur instincts and give it a shot..if u listen some examples like mr.vault i wud be sitting in canada for nothing but wasting time...he said ARV not working and all his messages tells misleadin contents.....as long as u have valid 1-94 and h1b approval notice u are fine to enter USA witout any hassales..just be confident answer only wat u been asked..dont over respond and getinto trouble like few people here...
 
Re: Canada /US border crossing

Originally posted by mebobby
guess sometimes u gotta follow ur instincts and give it a shot..if u listen some examples like mr.vault i wud be sitting in canada for nothing but wasting time...he said ARV not working and all his messages tells misleadin contents.....as long as u have valid 1-94 and h1b approval notice u are fine to enter USA witout any hassales..just be confident answer only wat u been asked..dont over respond and getinto trouble like few people here...
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Yup, thats right!! Just listen to what mebobby has to say. I have been giving incorrect and wrong information.:)
 
MeBobby...........

Where have you got your information from? Because if true.. It would help a lot of people... including me.... Please provide a link

I think what Vault, Bhand1169.. and a few others have been posting genuine information based on their experience.. I have been following the forums for months now. If you feel the information is misleading.....hey.... you are not obliged to act in accordance to what is said on this forum!

But Do post your experience... I am anxious to hear what is was?

Louie
 
Idmello,

Go to www.state.gov and then search for "Automatic Revalidaion". It should give you the link saying AVR still works as long as you are not from the state sponsoring terrorism and you have not applied for any visa in Canada. Hope this helps.

muntasir
 
Originally posted by muntasir
Idmello,

Go to www.state.gov and then search for "Automatic Revalidaion". It should give you the link saying AVR still works as long as you are not from the state sponsoring terrorism and you have not applied for any visa in Canada. Hope this helps.

muntasir
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Well, I was not from one of the countries listed, and didn't apply for a visa. I was not allowed, and was asked to get a visa. Maybe mine was an isolated case?
 
I guess this is a very gray area as my lawyer was mentioning. Some immigration office thinks you need visa, some thinks otherwise. And now I believe that we have live with this mess. Some examples of more gray are:

1. Whether 30 days AVR works?
2. If you enter using AP, do you loose H1B status.
3. Do you need to give EAD information to your HR, if you use AP.
 
Originally posted by muntasir
I guess this is a very gray area as my lawyer was mentioning. Some immigration office thinks you need visa, some thinks otherwise. And now I believe that we have live with this mess. Some examples of more gray are:

1. Whether 30 days AVR works?
It didn't work for me (maybe I was unlucky)

2. If you enter using AP, do you loose H1B status.
Yes!! If one used AP to enter, then H-1B is not valid anymore and one has to work on EAD. The only other option is to get a H-1B visa stamp in his/her passport and re-enter with a new I-94

3. Do you need to give EAD information to your HR, if you use AP.
YES.

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Thanks Vault and Muntasir!

This is so confusing!

I only have a valid I-797 and my old H1-B has been "Cancelled without Prejudice". I am from India.. I will try entering the US.. witrh AVR. But my question is will my cancelled visa still qualify as an "expired Visa"?? for the AVR to be valid in the first place?

I have only the last 2 paystubs.. I am missing the April one. But I have all the previous ones.. Will it be a problem if I show only May and June paystubs? while applying for the Visa, if I have to?

Thanks guys..

Louie
 
Re: Thanks Vault and Muntasir!

Originally posted by ldmello
This is so confusing!

I only have a valid I-797 and my old H1-B has been "Cancelled without Prejudice". I am from India.. I will try entering the US.. witrh AVR. But my question is will my cancelled visa still qualify as an "expired Visa"?? for the AVR to be valid in the first place?

Did you go to the US Consulate to get a VISA? How come your visa was stamped with "Cancelled Without Prejudice"? I will not venture crossing the border with this in your passport. Make an appointment, and try to enter one day before your appointment. If you are lucky, the BCIS folks inspecting you at the border might let you in. Don't take my word for it though!! Cancelled visa will not be considered as an expired visa.

My advise would be to get a visa stamp. If you have not done anything illegally (work or out of status) then you have nothing to worry. Just carry all of the required documents, and you should be fine

I have only the last 2 paystubs.. I am missing the April one. But I have all the previous ones.. Will it be a problem if I show only May and June paystubs? while applying for the Visa, if I have to?

The Paystubs are normally not checked at the border. The validity of your passport, visa and I-797 are checked. If you are just missing 1 paystub, it's no big deal. Do you get paid monthly or bi-weekly? If you get paid bi-weekly, you should atleast have 3 stubs for May and June. In my case, I asked the if the last 3 stubs were sufficient, and she told me that was more than enough. She just glanced at it for 2 seconds, and returned it back.

Thanks guys..

Louie
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Thanks for your input, Vault.

Yes, I had gone 2 years ago to apply for my F-1 Visa. I was denied and asked to go to India to apply... I realized like 6 months later that the H-1 visa that I came on was cancelled.

Now I have sent my passport for the Canada visa stamping on June 06 and I have to land before July 06. I do not know if I will get my passport in time.

Yes, I get paid monthly and I have March, May and June paystubs, I am missing the April paystub.

I have an appointment on July 03 and will apply for the visa. Lets see what happens......

Thanks again.

I will post my experience.... I only hope it is a good one!

Regards

Louie
 
Vault posted:
“2. If you enter using AP, do you loose H1B status.
Yes!! If one used AP to enter, then H-1B is not valid anymore and one has to work on EAD. The only other option is to get a H-1B visa stamp in his/her passport and re-enter with a new I-94”

Vault you are not correct regarding the use of AP and H1.
If you are maintaining H1 (EAD not used) with your employer and enter using AP you are on on H1 status.
Read below the Memo
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
Am I losing command over my English ability?

Ginnu,

http://www.immigrationlinks.com/news/news301.htm

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.

http://www.murthy.com/UDnewins.html

- An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.

The May 2000 INS memo implies that the new INS regulations will be consistent with the information above. The Law Office of Sheela Murthy, P.C. applauds the INS for issuing clear guidance on this important matter.
==============================================
If the above is what you are referring to....... my understanding from the above is that If one applies for H-1 or L-1 extension after entering the US on AP, and if the petition is approved, then the AP gets terminated. Or the other option is to reenter on H-1B. Or present both H-1 or L-1 along with the AP, and the BCIS officer should check and see if the H-1 is still valid, if so the person should be admitted on H-1 or L-1.
 
Hi Ginnu and Vault,

Here is a situation where I would like to see both of your responses:

I will go to canada and apply for a H1B visa based on my approved petition. It will take 3 weeks before they issue me the H1B visa as I am from a SR country. So, rather than waiting three weeks, I will come back to USA using AP. Then once the consulate is ready to give me the visa, I will go back again and get the visa stamped on my passport. The questions are:

1. Will the consulate now give me the H1B visa?
2. Say, I get the visa. I will try entering using H1B. Do you think that will work?
3. Say, I am able to enter back to USA using H1B, then am I really in H1B status?

Note that I am still working for the same sponsoring employer.

Thanks a lot.

muntasir
 
Techanically speaking once you apply for the visa, you are expeted to stay in Canada, and not leave. I am not sure, if your passport will be returned to you when you apply for the Visa, since the consulate intends to perform a background check.

1. Will the consulate now give me the H1B visa?
I truly don't know the answer to this

2. Say, I get the visa. I will try entering using H1B. Do you think that will work?
If you get a visa, you shouldn't have any problems entering provided there were no overstays etc. etc.

3. Say, I am able to enter back to USA using H1B, then am I really in H1B status?
Yes! If you enter on H1-B, you will be issued a new I-94.
 
Vault,

When you apply for visa and they run security check for SR citizens, the consulate give you the passport back. Becuase it normally takes 3 weeks for SR countries as people have mentioned so far. I plan to go to US consulate, apply for the H1B visa and go home from there. I will be back from home after a month and hopefully by that time my H1B visa will be ready to pick up.

Thanks a lot to everybody here on this forum.

muntasir
 
For Ginnu,
Thank you for posting links on AP.
Have you also seen those cases when a person having H1B entered into US on AP and maintained H1 status (EAD not used ) ?
I am in the same situation, have expired H1 visa, but valid I94, and H1B valid upto mid 2004. My attorney told me that the status is governed by the doc a person uses to enter into US so if someone uses AP then status changes from H1B.
I also talked to an immigration officer at BCIS about it, that lady told me something very scary and funny too.... according to her if you even apply for AP & EAD which means you have intentions to use them so by just applying for them your status changes from H1B..... ???

For muntasir
Did you go thru SR process in US ? Please dont forget to share your experience after you visit US consualte for visa.

For Vault & others
What do you think if one is parroled into US but was on H1B, can use the same H1B paper to apply for visa at US embassy (after some time to reenter on H1 visa) or need to get another H1B approval after entering into US on AP if that old H1B becomes invalid, if considering that AP changes status from H1B.
Please share your openions or ideas.

Thank you all..
 
Originally posted by truenblue
For Ginnu,
Thank you for posting links on AP.
Have you also seen those cases when a person having H1B entered into US on AP and maintained H1 status (EAD not used ) ?
I am in the same situation, have expired H1 visa, but valid I94, and H1B valid upto mid 2004. My attorney told me that the status is governed by the doc a person uses to enter into US so if someone uses AP then status changes from H1B.
I also talked to an immigration officer at BCIS about it, that lady told me something very scary and funny too.... according to her if you even apply for AP & EAD which means you have intentions to use them so by just applying for them your status changes from H1B..... ???

For muntasir
Did you go thru SR process in US ? Please dont forget to share your experience after you visit US consualte for visa.

For Vault & others
What do you think if one is parroled into US but was on H1B, can use the same H1B paper to apply for visa at US embassy (after some time to reenter on H1 visa) or need to get another H1B approval after entering into US on AP if that old H1B becomes invalid, if considering that AP changes status from H1B.
Please share your openions or ideas.
[No if you already have a valid H-1B approval (I-797) you can use the same to apply for a visa.]
Thank you all..
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