Toronto H1 Revalidation: Return on AP if visa delayed.

S

sipak

Registered Users (C)
Hello,
I am a Pakistani Citizen and planning to go for a H1 visa revalidation in Toronto (during a business trip). I did land in Canadian almost an year ago and came back using AP that time.


Now, as I am from SR country and will be applying for visa in Tornto consulate, it may take upto 3 weeks or more for background clearance.

In that case can I travel back to US using AP and go back to get stamp when clearance is through?

I know that a Pakistani friend of mine did enter back to US after visa interview in Tornto. But he was still having his old stamp valid at that time.

Can I do the same and come back using AP while waiting for clearance?

Where can I confirm this?

Experts, advice.

-shahid
 
I have read in another thread that a guy from another SR country have done this. Nobody can surely say whether you can really do this. Ask you lawyer. I am also thinking the same to do, but have not made up my mind. I will really appreciate if you please let us know your experience. Thanks a lot. When are you planning to go for the visa?
 
Sure...

Sure I'll let you all know about my experiance. I am planning to visit from Oct. 08th to Oct. 19th this year.

Is it really taking ATLEAST 3 weeks for back ground check? Or one can try calling after couple of weeks and see if consulate already got response back?

When you are planning to visit?

Can you point me to thread that you did mention?

Thanks.
 
Last edited by a moderator:
Hi Sipak,

Just could not find the threat. Somebody posted earlier saying one of his SR country friend has done it. I had requested the email address from that person but he did not have it. I think applying H1B and coming back to AP in between can be a viable option. I asked my lawyer before and she was kind of skeptic. She said you can do it. She told me that if the immigration officer ask you at POE, then tell them that you have to come back to work and can not wait that long for the visa to be issued.

I plan to go to Canada in November. I think normally it takes somewhere between 2-3 weeks. You can surely call after 2 weeks to see whether the visa has been issued. If you are using AP to get back, then you don't need to worry how long it takes. As I said before, ask your lawyer about this scenario too. I am hoping some other people will shed their light too on this forum.
 
why need H-1 if one has AP?

Could somebody advise me why would anybody need H-1 visa if he/she does already have AP?

This may sound like a silly question but I am indeed confused. Usually AP is given in the middle of GC processing, is good for travel (no visa required anymore) and goes together with EAD, so why need H-1?...

Thanks a lot.
 
To avoid any odds....

In some cases you may prefer to stay in H1 cases. e.g. sponsoring H4 for dependents, etc.

But in I'm AC21 < 180 days case and want to be safe, just in case if BCIS does not approve i485.

-shahid
 
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