trip to Canada without Advance Parole

Hello Sahin and RamFan
First of all, when you travel by airplane, you'll get a stamp in your passport when you enter Canada (and this stamp will be a proof of whether you stayed more than 30 days or not). Upon return (if you are boarding from Pearson Airport in Toronto, for example) your US immigration will be done at the AIRPORT in Canada, not when you arrive in US. You can show your old I-94 (which you didn't give to the airline official when you left US). Even if the airline official had taken your white I-94, you'll still have the one that came with your H1-B approval notice (both I-94 have the same number on them).

And remember, if you are a landed immigrant in Canada and are a citizen of a British Commonwealth country, you never need to go to a US consulate to get a visa issued. You just need to show your H1- B approval notice and they'll always issue you a new I-94 (even when flying from India). So even if you stay more than 30 days in Canada, you won't have any problem getting back as long as you're a Canadian permanent resident.
 
Your advance parole has to be approved before you can travel otherwise you will be abandoning your status. Please contact your lawyer. I will not leave without it. :)
 
brahmachari99>> Question

I am not a landed immigrant of Canada. Therefore what is gonna happened for me? If I travel to canada just to visit and come back staying less than 30 days, can I come back to US by showing my H1B approval notcie only. Would they allow me? I never had H1B visa stamp , but I have F1 visa stamp. However this is not gonna help me coz I have changed my status from F1 to H1.


Now please answer what gonna happened to me. Will they allow me to come back?
 
Sahin
Yes, they'll let you come back if you stay less than 30 days AND didn't apply (and was denied) for a visa while in Canada. Make sure you keep your I-94 (just detach it from the passport so the airline officials won't remove it). If they ask for it (most won't), just tell them you need to keep it to be able to return to US. If they still insist on taking it, you still have the I-94 that came with your H-1B approval. If you're crossing the border on a car, they won't take your I-94.

Just make sure you take with you your H-1B approval notice, your recent payslips, a letter from your company saying you're employed with them, and a marriage certificate if you're married and your wife is travelling with you. Oh, and if you're flying on a holiday (thanksgiving, Christmas, Labor day etc) make sure you arrive at the airport at least 3 hours early. The lines can be very, very long, and you have to stand in 3 lines (one for airline checkin, one for US immigration, and one for US customs). Most of the time they'll let you jump the line if your plane is about to depart, but its still safer to arrive early.

That "Canadian landed immigrant" thing was directed at puneet_gcard since he indicated that he'll soon become one.
 
brahmachari99

Thank you very much. You guys are so helpful. It is nice that we get our question answered and get peace of mind thru this site.


Just want to make sure one thing:
Even the airplane take my white I-94 in the airplane while deparating, I will still get another white I-94 when I will come back. Is not this right??

Yes, I know if I drive they wont take my I-94 either while crossing the border towards Canada.

Please throw some lights on this. I will travel in the middle of december with no H1 visa stamp, coz I dont have one.

Thank you for your help. See you around.
 
Summary

Sahin & brahmachari99,

I am going to go ahead and summirize your response.

This is more relevant to people with Canadian PR ( landing for the first time) and have an approved H-1 notice from INS ( no H-1 visa stamping on their passport) or just on H-1b here in U.S and wants to visit Canada for less than 30 days.


1) Handover your white I-94 card to airline people if they insist for I-94 card. Don’t even flash your approval notice with I-94 attached to it in front of them.

2) When try to reenter U.S. show your H-1 approval notice to U.S. INS officer (take some recent paycheck stubs, letter from your company etc.) He should stamp your new white I-94 card which has the same number as I-94 card attached to the approval notice. He is not going to mess around with I-94 attached to your approval notice. This new stamped white I-94 will become your latest I-94 for further use.


If your spouse on H-4 traveling with you - she or he should do the same.

Let me know if I have missed something. You guys are really helpful in sorting this whole issue out. I am sure it will help lot of people.

RamFan
 
Little Mistake on 2

Little mistake on 2. When you are returning, you do not have the same number I-94 with you if you handed it over while departing.
In this case you will have a new one what will have diffrent number than the number in your H1B and than the one you had before (White one what you handed over). Immigration officer will stamp on this new one looking at the H1B approval.

Correct me if I am wrong.

Good Luck!! I wil post the practical experience when I will be back from Canada whether they let me in or not:)
 
Re: Little Mistake on 2

Originally posted by Sahin
Little mistake on 2. When you are returning, you do not have the same number I-94 with you if you handed it over while departing.
Click to expand...

Depends on the officer. Some officers will cross out the I-94 number on your white card and write on the white card the number from your H-1B approval. Again, depends on the immigration official.
 
Last Question for Sahin

Sahin,

When you are planning on leaving for Canada?? I asked this question because as you know U.S. is almost ready to go to War against Iraq. May be sometime in December or may be sooner than that....It would be wise you do it at your earliest convenience for your own good. In war times they tend to get stringent. This is just something to keep in mind.

Good Luck,

RamFan
 
RamFan

Thank you for your advice. I am planning in the mid of december. I really can not go before that. This travel is very crutial for me. Lets See how it goes??If things get very worse, I might postpone, I might not, like I said this is very crutial for me. I will also have my AP with me, but I will try my best not to use that as the way I am not married yet and want my future wife to qualify for H4. This trip might turned to my marriage trip:) Got it?
Wish me luck.
 
Got it

Sahin,

Man it is an important trip for you....Good Luck. I am planning on doing something: Take a trip to local INS office and ask them same question, we all are discussing here on the forum. Let's see what they have to say. I am expecting them not to give me an answer at all or don't have a clue about my question or tell me that I can not come back or the worse go s** myself. But it would be interesting to get a response from them. Since you have time you might want to check out local INS office in your City and ask the same question. Don’t tell them you have AP, and let’s see what they have to say. I will keep you posted, once I visit local INS office. I have never been to an INS office. It would be interesting.

RamFan
 
RamFan

Thank you. I will go to local INS to get my AP once I received my I-485 receipt. I have not received yet. May be before that I will just to ask this question. You post here what feedback you got from your local INS. There is 90% possibility, they will say they have no clue, or you can not come back !!!

I been at local INS to pick up OPT card when it was delaying for more than 3 months at NSC. They were very cooperative.

Good Luck.
 
Originally posted by frodo
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!
Click to expand...

I am that person.

I came to Canada in Nov 2000 as a Permanent resident. I got my I 485 approved in Sep 2001. My advanced parole was valid till Dec 31, 2001. For family reasons (I am trying to sponsor my mother and brother) I just could not leave. I was laid of my job in end of Jan 2002. In April my old company in US gave me a job. So I tried to go over there by car. And the above happened.

No I am stuck here in Canada without a job for 8 months and not even an interview and am very very frustrated. Sponsorship of my mother and brother is delayed because their medical expired and I had to do it all over again. Hopefully this is final. They should get it in a few months time. But now my chance to live and work in USA is gone. Maybe if I become a citizen in Canada , I can go there, but I am not sure how the immigration people will treat my case. Also I never want to give up my Indian citizenship.

Anybody has any suggestions?

I live in Mississauga, Ontario.

:( :( :(
 
mercury6 - I am confused

mercury6,

Sorry to hear that…..Looks like your case is lot different than what we are discussing here. But let me ask you few questions: I am little confused with sequence of events you are describing.

You said you landed in Canada in Nov 2000 as an Immigrant (I assume from U.S. while on H-1 or you had AP ??). And decided to stay in Canada due to family sponshership reasons. Your I-485 was approved (that means you got U.S. GC) in September 2001, while you were staying in Canada as a Canadian permanent resident. It means you had U.S. and Canadian PR at the same time.

Then you were laid off in Jan 2002, but you already had U.S. PR cause your I-485 was approved in September 2001.I am so confused could you please explain little bit more about your situation. After reading your message, I am assuming you had PR from U.S. and Canada at the same time.

On what ground your entry into U.S. was denied? Do you recall? Did you stay there for more than 30 days??

Please write back, and possible describe little bit more about your experience, when you get a change.

Thanks,

RamFan
 
hello

whatever your lawyer tells you get a letter from him/her saying exactly that - so that if things start to get confusing for the imm officer at port of entry - you can show the letter which should explain the situation and should also mention "...for any questions....contact-the lawyer name, contact info". This many a times helps with some imm officer at entry/exit points not being aware of the complexity of the case/new laws. Also it would be good to have such a letter so that just in case your lawyer mis-informs you and you end up going out of the country based on foggy info - atleast your position would be clear - that you acted as legally advised by your lawyer! Get the gist?
 
message for - mercury 6

Mercury6,

Looks like you were trying to enter U.S. without having any ties to Canada. Your AP was expired so I would assume your chances of getting U.S. GC were in jeopardy. In other words you were not maintaining any kind of status in U.S. because you lost your job earlier. Then in April you got a job offer in U.S. and tried to enter U.S. as Canadian Resident, but was denies entry. Please correct me if I am wrong.

Here is what I think about how INS treats people, who are trying cross the border from Canada into U.S. as Canadian Permanent Residents. You do not need a visa to enter U.S. if you are from one of commonwealth countries, but it is up to INS officer’s discretion whether he or she allows you to enter. If they find out that you do not have any ties in Canada they definitely can refuse entry.

I am glad you shared you experience with us. I hope things get better for you.

Thanks,

RamFan
 
RamFan

Looks like mercury's case is diffrent. I know that canadian immigrant also need H1B to work in US. Also, his I-485 get approved but no stamp in it. Therefore, I think his case was completely diffrent than a case who is travelling having a job and H1B (no visa) and staying less than 30 days. Only thing they might ask is where is your VISA than he/she could refer to the "AUTOMATIC REVALIDATION RULE".

What you guys think??
 
Canadian PR coming in US on H1

RamFan/Sahin

Thanks for all your help on this forum. It really offers a lot of answers. I am in the same boat as Sahin, and I need some more information. I hope you all will be able to help me. I will be going to Canada by October 20 2002. I am planning to go by road, if that makes it easier. I will have to stay there till I get my PR Card, as this is a new regulation that you are not allowed to come inside Canada again if you do not have the PR Card. The PR Card may take 3-4 weeks or longer. If I stay for more than 30 days, am I still allowed to enter with just an I-94? What are the chances that they may refuse I-94, if I fail to show them a valid residence established in Canada, since I will be a new immigrant....

I do not want to lose my US H1-B. Please advise. I will be very grateful.

Thanks
hmnpa
 
Hello

If you have H1B visa stamp, you are fine at any point. Now if you dont like me than you can not come after 30 days of your staying in Canada based on your valid I-94(H1B). Now if you obtain your PR while stying in Canada for more than 30 days, I do not know what will be the case? There are people here will answer your question. They are very helpful. Please stay. Remeber you can always come back at 29th day and go back to canada again after staying at US just one day, and stay in canada another 29 days.
Therefore, this is not really a issue, if you are willing to travel litttle more. Please keep us posted, how it goes your canada trip.
 
Sahin

Thanks for your reply. But the main point is that I do not have the visa on my passport....so will I have problem coming back? I do not want to stay that long, if it is not required. I will just come back after applying for the PR Card. But what do I tell US Border officials, that I went to Canada to apply for PR Card? Will they ask that? Will they issue I-94 even if the current stamp in the visa has expired?

Thanks very much. I will describe details of my trip on this forum once I undertake it.

hmnpa
 
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