Travelling to Canada

T

tchangu

Registered Users (C)
In my passport I have my visa that expired in Sept 2002. I recently got my 7 th year extension. So with that said, if I were to travel to Canada what are my options? Do I need to have a valid visa to re-enter or if I can come back using my new I-94 that comes with my form I-797. Any tips on this regard will be really helpful for me.
Thanks, vk
 
U will need to have your passport stamped before you reenter at a Canadian consulate
Click to expand...

why is that?

is your 7th extension same I-94 number as your old I-94, if so, you should be good for the automatic revalidation rule provided you don't apply visa at canada and you are not from one of the countries list by DOS.

you can NOT turn in any I-94 when you leave US/enter Canada.

I do suggest you have back up plan:

1. have an appointment set up form visa application couple days later than you planed return date in case you could not return on the 30 days automatic revalidation rule. cancel the appointment if you return safe.

2. have your AP ready, worst case you could return with AP

consult your lawyer.
 
Using AP

After reading through this forum I understood that I could use AVR while traveling to Canada. However my question is

Can I use AP to to return to US from Canada? I have seen people shy away from using AP and why so?

Well... my question was answered earlier. My question was
Will using AP invalidate my H1B and the answer was NO.


Questions that I have in my mind!
~~~~~~~~~~~~~~~~~~~~~~
So if I were to use AP to travel to Canada what must I be aware of?

Should I be turning in my I-94 (old, attached to the passport) and the new one that is part of my H1B ( 7th year)?

Will I be getting a new I-94 when I return from Canada to US if I used AP?

Do I have to tell the US immigration the fact that I am travelling to Canada to land as a permanent resident?

With that said my current status is
~~~~~~~~~~~~~~~~~~~~~~
H1B with visa in the passport expired on Sept 2002 ( so is the I-94)
Applied for I-140/I-1485 from VSC in July. Both are now pending
Got my AP and EAD
Want to go to Canada and become a permanent resident there and want to come back on AP
 
So if I were to use AP to travel to Canada what must I be aware of?

if you were out of status before, you cannot travel on AP.


Should I be turning in my I-94 (old, attached to the passport) and the new one that is part of my H1B ( 7th year)?

my suggestion is NO. especially if you travel by road. take off your I94 before you enter canada. They don't ask for it. however, if you travel by air, chances are they will take away your I-94. If this is the case, you can NOT use 30 days rule.


Will I be getting a new I-94 when I return from Canada to US if I used AP?

yes, you would get a new one if you use AP


Do I have to tell the US immigration the fact that I am travelling to Canada to land as a permanent resident?

Not necessary. don't provide info that is not asked for.


Applied for I-140/I-1485 from VSC in July. Both are now pending
Got my AP and EAD

I guess your I140 not approved yet. If your think there is chances your I140 could be denied, then you should be cautious to use AP. H1b is always safer. you could try get visa stamp if you could not entry with the 30 days rule. use AP only as the last resource.

just my 2 cents, consult your lawyer.
 
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