trip to Canada without Advance Parole

P

puneet_gcard

Registered Users (C)
I have a trip coming up to Canada soon. But my company has not done Advance Parole and I am in my I-485 stage.

Can I go to Canada and come back or DO I have to wait for Advance Parole to visit Canada.

Your replies would be deeply appreciated.

Thanks !!!
 
Canada Trip

If you have a valid H1 B visa, then you should be fine. If not you must have AP.

Also ensure that you have a valid Canadian Visa to get into Canada.
 
H1B?

If you have a valid H1B and you have not used your EAD card then you are ok to go and re-enter. If not you have to have AP.

Again, you will need a Canadian visa to go across.
 
Thanks a lot for your replies. I have a valid H1-B approval notice till 2004. But I dont have it stamped on my passport because I applied for Change OF Status from F1- H1 inside the US.

The reason I have to go to Canada is because I would have the Permanenet Residence of Canada by next year.

SO I dont want to lost that.

Please let me know what options I have for this.

Thanks !!!!
 
Then you need to get your H1B stamped in Canada, if you want to return. It used to be easy before 9/11 - all you have to do is to get an appointment from a US consulate in Canada to submit your visa appliacation. The turn around used to be one day (apply today, get tomorrow). I got mine like that in Toronto. But now with so many changes, I don't know the turn around times. Plus even those days, getting an appointment in Toronto took time. It was quicker in other centers.
 
Comment for Frodo

Frodo,

Don't you think that puneet_gcard should be able to enter U.S after visiting Canada if he decides to stay there for less than 30 days without obtaining visa stamp on his Passport with H-1 approval notice issued by INS.

But if he decided to apply for a visa at a U.S consulate in Canada and for some reason visa is denied then I am sure he has to go back to his native country to re-apply for H-1 visa.

He should be allowed to reenter into U.S as long as he stays in Canada for less than 30 days and has a valid H-1 approval notice from INS (and not a citizen of terrorism sponsoring states on DOS list).

Let me know if I am mistaken. I asked the same question on www.murthy.com forum and she said the same thing,

RAMFAN
 
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Thanks RamFan and Frodo for your response.

So I can visit Canada and come back before 30 days and be OK. My H1-b approval notcie will not expire till 2004 so I am fine on that issue.

MY ONLY CONCERN IS THAT I DONT HAVE H1-B STAMPED ON MY PASSPORT. NO STAMP AT ALL AS I CAME HERE ON J1 VISA AND THEN DID A CHANGE OF STATUS.

But I dont want to jeopardise my AOS here. But I dont want to lose Canada because I may end up losing both if something happens to my US AOS.

What a dillema !!!!! Please give me your suggestions.
 
Yes, there is this under 30 days rule. However, you would have to ensure that you don't surrender your current valid I-94 when you leave the country. Puneet would have that since he'd have gotten that with his H1B approval notice.

When I flew in to Canada, and the airlines did not take my I-94. When I got back, I got another I-94 based on by H1B visa stamp.

These days one really doesn't know how things are going to be interepretted. We had an notice from our International Employee Coordinator office to play it safe when you leave the country, even to Canada, by having a vaild visa stamped (or a AP).

The easiest way to Canada would be to drive across the border - you at least eliminate the transportation contact. But if you travel by air, and in case the ticketing agent takes your I-94 or says you don't have a valid visa, ask to speak with his/her supervisor. Same with return.

There was this person in this forum, who was denied entry, and was issued a form (I forget the number) to that effect by the immigration officer at the border when he tried to cross the border by road. He'd gone to Canada to sponsor his family. But I think he might have stayed beyond 30 days.

However, folks who posted messages on that thread did say the immigration officer was wrong, and asked this person to try another crossing. But they also said that denial message was going to pop at all points of entry, when this person came in. I lost track of that case, and have just vague recollection of the details. Search archives for older posts.

All the best!
 
Yep

Puneet_Gcard,

I think Frodo gave a very good and detailed answer. There is a 30-day rule, but after 9/11 there is always some risk involved in going out of the country. If you still have any doubts you should consult a good attorney (may be one time consultation - should only cost you $150, which is nothing compared to the pain of traveling, and will give peace of mind).

Please share your experience if you decide to go to Canada. It will help other people in under similar circumstances.

Take care and good luck !!

RamFan
 
Thanks again RamFan and Frodo !!

I would be going to Canada since I have to land there within 1 year. I would most probably be driving there and would stay there for just 1 week.

I am going through a good law firm and am working in quite a well established company. My lawyer tells me it is no problem to go with Advance Parole and I can be out for as long as 1 year.

But still it looks like nothing is 100% guaranteed. The only reason I am going is because in case I-485 gets denied then I lose both.

1) Frodo. Did you go to Canada during AOS just solely for the purpose of Landing there and saving the canadian immigration ?

2) Now I do have I-94 along with my approval notice for H1-b and the approval notice is valid till Dec 2004. But do they take the I-94 at the border.

3) And if they take it then how do I come back.

4) Cant I just show the Advance Parole to get back in.

5)WHile coming back could the border officials tell me that since I dont have an H1-B stamped on my passport that I cant come in even with Advance Parole.

All answers to this question would be deeply appreciated. Thanks in advance !!!!
 
I went to Canada solely to get my H1B stamped to make my future international travels easier. I was waiting for my labor certification then.

If you have an AP, then there's no problem. You can come in using AP. However that invalidates your H1B and you need an EAD card to work. Without EAD you would be working illegally in the country. However, there was a proposed rule change that would not invalidate H1B even if you use AP to enter the country. I don't know if that was implemented.
 
Frodo.

I had talked to the paralegal at my attorneys office and he had told me that I dont need an EAD card if I am travelling on Advance Parole. I would be working at my company on H1-B only as they dont want to do my EAD (since my H1B is valid till 2004).

So where did you hear about this proposed rule for H1B still being valid while coming back on Advance Parole. Is there any URL online where I can view this info.

I just want to make sure that I dont invalidate my H1B approval notice while coming back on AP.

Let me know. Thanks !!!!!
 
puneet_gcard, here's the deal:

From what I can see, you don't have anything to worry about. When you enter Canada, you'll become a landed immigrant in that country. And if you are a permanent resident of Canada and you belong to a Commonwealth country, then you don't need a visa stamp to enter USA (you'll be told the same thing if you go to US consulate in Canada for H1-B visa). All you have to do is show them your H-1B approval notice and they'll let you enter. What you do have to worry about is once you get the green card, and after that you try to go to Canada as a permanent resident, you'll be given the option (by Canadian immigraion officials) of giving up either the Green Card or the canadian residency. Your choice.
 
Punnet_GCCard

After April 1st, 2002, The automatic revalidation rule has been ammended. Now if you fly just for visiting, and do not apply for VISA in any US consulate at Canada, and if you stay less than 30 days you are completely lawful to enter USA with your valid H1B only which is valid til 2004 as you said. You do not need AP in this case. Also if you are not nationals of those state sponsors terrorists countries.

Because the area using AP, start using EAD, AP nullify H1B are foggy. Diffrent lawer, diffrent people says diffrent thing.

When you enter CANADA, all you need is Canadian valid VISA. Stay less than 30 days, dont apply for US visa at consulates in Canada, come back showing the Valid H1 approval. YOU DO NOT NEED H1 VISA STAMP IN THIS CASE. This is the rule now.

However, what gonna happned practically you and me can not predict. Even the person who has AP might be questioned, might get hard time. But by law he should not, right?? Yours is the same case, you are lawful to enter with your H1B notice of action.

I am planning to visit my friends in Canada in december, I also dont have VISA stamp as the way I am converted from F1 to H1.


Please post here how it goes.


To be on the safe side, please take your employlment letter. Your all documentation that will clarify your valid status in US.


I think if you are not national of those countries (State Sponsor Terrorism), you will be fine.

Good Luck!!



I am not a lawer.
 
Thanks Sahin. I am from India.

1) The thing is that my lawyer insists that I should be OK on Advance Parole.

2) But he says I DO need an Advance Parole to go to Canada even if i am going for less than 30 days during I-485.

3) But this should not invalidate my H1-B status at all and I can come back and continue to work on H1 B.

So hopefully things should be OK. But all the responses from you as well as other gurus is deeply appreciated !!!!!
 
1. You should be ok to travel on AP, but I am not sure if you won't have any problem when you come back using AP and want to work on h1. (I think if you use AP it will invalidate h1 or any non-immigrant status, it will change your status to adjustee)

2. If you have any valid non-immigrant visa (like h1) you don't need to use AP (again to have AP and to use AP is totally two different thing)
http://www.ins.gov/graphics/howdoi/travdoc.htm
___________________________________________
What is a travel document and who needs one?
If you are not a U.S. citizen, you may need permission to return to the United States after traveling abroad. This permission is granted through a travel document. Travel documents are also given to people who want to travel, but cannot get a passport from their country of nationality. You should apply for one of the following travel documents before you leave the United States:

Advance Parole: If you have applied for immigration benefits, you may need Advance Parole to be able to return to the United States if you travel abroad. It may be sought by, but not limited to, asylum applicants, parolees, people with Temporary Protected Status (TPS), and people who are applying to Adjust to Permanent Resident Status. Advance Parole may be given at the discretion of the District Director or the Service Center Director having jurisdiction over your place of residence. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States. (Please note: This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H-1 status (temporary workers in specialty occupations) or L-1 status (intra-company transferees), or their dependents in H-4 or L-2 status.)
_________________________________________________


3. I think it will.
Visit www.immihelp.com and go to I-485 (here is text)
__________________________________________
Getting an EAD and using an EAD are two entirely different things. Using an EAD means working based on that EAD and that means when you join any company, signing I-9 form in which employment eligibility is based on EAD. The person can change from H1 status to EAD status by contacting their HR department and filling I-9 form again based on EAD.

Similarly, getting an AP and using an AP are two entirely different things. Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP. Receiving AP is just addition of one more document in your file.

So just receiving EAD/AP does not change the non-immigrant status in any way and he/she is still on H or L status. Thus the person is either in EAD/AP status or in H/L status.

As long as the person maintains the H/L status(H/L status not expired and H1/L1 holders not working for any other employer other than sponsoring employer and H4/L2 holders not working at all), he/she can travel outside US and come back with out the need for advanced parole even after applying for adjustment of status. The person can enter using his/her non-expired H/L visa. The person needs to carry his/her "original" I-485 receipt otherwise serious delay at the airport may be caused. For valid H/L visa holders, there is no need to apply for EAD to continue working after coming back to US. This rule is effective July 1, 1999.
_________________________________________________


I would suggest keep AP with you but travel using H1 approval.

I hope this will help.

JB



Originally posted by puneet_gcard
Thanks Sahin. I am from India.

1) The thing is that my lawyer insists that I should be OK on Advance Parole.

2) But he says I DO need an Advance Parole to go to Canada even if i am going for less than 30 days during I-485.

3) But this should not invalidate my H1-B status at all and I can come back and continue to work on H1 B.

So hopefully things should be OK. But all the responses from you as well as other gurus is deeply appreciated !!!!!
Click to expand...
 
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Look at this

Whether you can come back or not on valid H1B only without VISA please chek out, http://travel.state.gov/tcn.html. It clearly mention who can come back on valid I-94, and who can not.


I guess you guys know about Automatic Revalidation rule. This rule allows to enter US from Canada even though the person does not have VISA. Since April 1st, this rule has been ammended and it excludes thos people who applies for VISA at canada. Thats it, otherwise, the rule remains intact.

Check this out to see what was the exact rule from state dept. with faq, There is a number where you can call at state department WASHINGTON DC and ask a lady about this rule, and ask her whether you can come back on your H1B approval only. The URL is

http://www.sinc.sunysb.edu/Clubs/sb...sages/3348.html

Even if you dont have one or first time H1B visa, you still would be able to reenter according to law.


Also read this from http://www.admin.ias.edu/ms/visas_travel_changes.htm

Revised Rule

Because of these changes, the rule for travel by nonimmigrants to Canada or Mexico is now as follows: Any person who is maintaining a nonimmigrant status in the United States, and who travels to Canada or Mexico for less than 30 days, can re-enter the United States on the basis of a Form I-94 Departure Record showing that he or she had a valid nonimmigrant status prior to leaving the US, plus a previously-issued (which can be expired, or in a different category than the I-94), IF the person did not apply for a visa while in Canada and is not a national of Iran, Iraq, Libya, Syria, Sudan, North Korea or Cuba.



Hope this helps. Do not get confused anymore. Ask your lawer, I have a reserched a lot about this as the way I will be on the same boat on coming december.


Good Luck!!!!


__________________
Sahin
 
Good Job Sahin - just one more

Sahin,

You did a great job explaining this complex topic. Only question I have is:

Do you keep your valid I-94 with you when you depart for Canada? In other words you do not hand over your I-94 to airline people. And present the same card,which is attached to your H-1 approval notice to the INS officer to put a stamp on at the port of entry??

Thanks,

RamFan
 
Hello

You are right. However, I will find the right answer for you within two days from one of my cousins who travelled within this rules. He came back from canada without visa showing his H1B. The 2nd portion of your question is 'yes'. You will show the I-94 attached with your H1B. I am little doublt whether you need to hand over or keep your other I-94 what You got when you travelled to USA last time. At this point, I do not think that you have to handover in the air plane, but I am not quite sure. I will try to find the answer quick.

Good Luck!!!


If you travel, please let us know how it goes. Also send me an email if you can at "halakah_reminder@hotmail.com". It will help people lot.
 
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Answer

Hello RamFan,
Here is the deal !!!

1) When you leave from US on an airplane, hand over you white I-94 card what you got when you entered in US last time. Rememeber NOT THE ONE YOU HAVE ATTACHED WITH YOUR H1B.
You wont even take the H1B notice of action out in front of anybody when you leave.

2) When you are coming to USA from Canada staying less than 30 days, you will get another white I-94 in the plane. At POE show that white I-94 and your H1B approval to the immigration officer. He will put a stamp on your new white I-94. Your valid H1b will allow to enter US without H1 VISA stamp. Therefore, you will not get any stamp on your H1B approval's.


Only thing I am not sure now is how the officer recognize that you have lived less than 30 days in Canada.


Hope this helps.

Let me know should you have more questions.
 
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