Urgent Travel Question

[curryus]

Hello Experts, I've been a silent reader of this site and I'd appreciate if you can help me to answer the question.

backgroud:
1. 485 Applied in 2002
2. Canadian Permanent Resident since 2001.
3. Visa Stamp on the passport expired since 2002.
4. EAD not applied yet.
5. AP not applied.
6. Received H-1 approval which is valid for 2 more years till 2005.

Since, my job based in the US, I never got a chance to travel to Canada after getting my PR in 2001. But now I've gotten a project for which I'd need to travel to Canada very often. I'm concerned if I should travel or not.

The biggest of my worries stems from the rule that to maintain Canadian PR, you need to be in the Canada atleast 6 months in a year. Since, I've not traveled to Canada in two years, that stands for cancellation even though my status is valid in the US.

At this stage, I dont want to jeopardize my status in the US.

Is it safe for me to travel to Canada?
Can I have problems leaving the US?
Can I have problems entering Canada?
Can I have problems entering back to the US.

Please help.

 

[Pork Chop]

canada changed its immigration laws last year (law C-11, june 28, 2002), and did away with the 6 months out of a year residency requirements. now, you need to by present in canada only 2 years out of a 5 year period in order to maintain your permanent residence. so your canadian PR status should be okay.

having said that, expect some grilling at a canadian port of entry when you visit there, since they are going to be somewhat pissed off that you are working in the u.s. this is by no means the norm, but many people have reported that the CIC officials have been none too kind to folks with canadian PR who live and work in the u.s. perhaps some other people would like to share their experiences here.

returning to the u.s. is possible only if you have either an AP or a visa stamped in your passport, since as of january of 2003, the u.s. has slapped visa requirements for canadian PRs as well. if don't have either AP or a visa stamp, but only have an H1 approval notice, then you will have to get a visa stamp from a u.s. consular post in canada before you can return. again, by all accounts, that's a dicey proposition too, especially if your degree is not from a u.s. university.

AP is the safest bet.

 

[curryus]

Thanks, Pork Chop. I sincerely appreciate your advice!

I also emailed my lawer to check with the status. This project seems very critical for me at this moment when it's hard to get on good projects.

Here's what he replied to the HR director:

As you know, curryus possesses Canadian Landed Immigrant Status. This is the same as "Canadian Permanent Residency." This Canadian permanent status used to help Landed Immigrants of Canada when traveling to the United States, i.e., they were visa exempt. However, the rule for Landed Immigrants of Canada changed on March 17, 2003 and now Landed Immigrants of Canada are required to obtain a visa to re-enter the United States.

However, as discussed, if curryus's trip to Canada will be less than 30 days, he could travel to Canada and re-enter the United States using the 30-day rule, which would allow him to re-enter the United States without obtaining an H-1B visa in his passport.

I hope you can comment something on this aswell. Also, if there are any other people who are in the similar scenario.. please share your experience.