Anyone could confirm this? I changed from F-1 to H-1 in US. So, I have H-1 status and new I-94 card approved for H-1b at the same time, but no valid visa. I plan to visit Canada only for one day (possibly moring going and evening coming back.) I am going to drive there. I heard that I do not have to turn in I-94 when across the border and I will be able to come back to US with the I-94 for my current H-1b status even though I don\'t have a valid visa for entry. Is this correct? If so, what else I should remember to bring with me for a safe return. All of above, with I-94 and I797 I will be fine for renturn to US with short period of time, right? Thank you very much.
US H-b status with I-94 card will take short trip to Canada
- Thread starter ken_oli
- Start date
No Title
Since you have a valid I-94 and H1B approval notice, you do not need to submit your i-94 card when entering canada. if that is the case, then your valid I-94 card will give you entrance to USA even though you do not have a valid visa. Please remember to bring your approval notice and a paycheck.
In case when entering canada, they take your I-94 card, do not panic.Have your approval notice when entering USA and tell them that when entering canada they have taken your I-94 card. upon seeing the approval notice, they will issue a I-94 card.
Since you have a valid I-94 and H1B approval notice, you do not need to submit your i-94 card when entering canada. if that is the case, then your valid I-94 card will give you entrance to USA even though you do not have a valid visa. Please remember to bring your approval notice and a paycheck.
In case when entering canada, they take your I-94 card, do not panic.Have your approval notice when entering USA and tell them that when entering canada they have taken your I-94 card. upon seeing the approval notice, they will issue a I-94 card.
No Title
I am sorry but don\'t agree with some of the responses I saw posted. I have travel extensively between US and Canada. First of you didn\'t mention if you have any Canadian status or Canadian visit visa or not. If you have neither, you cannot enter canada. Secondly, the only people who can enter canada are Canadian Citizens, Canadian PR\'s and people with Canadian visa of some sort and citizens of some commonwealth countries. You can confirm this if your country in on list or not by calling US Consulate in Toronto @ 416.595.1700 or Canadian Consulate in Buffalo @ 716.858.9501. Hope this helps.
I am sorry but don\'t agree with some of the responses I saw posted. I have travel extensively between US and Canada. First of you didn\'t mention if you have any Canadian status or Canadian visit visa or not. If you have neither, you cannot enter canada. Secondly, the only people who can enter canada are Canadian Citizens, Canadian PR\'s and people with Canadian visa of some sort and citizens of some commonwealth countries. You can confirm this if your country in on list or not by calling US Consulate in Toronto @ 416.595.1700 or Canadian Consulate in Buffalo @ 716.858.9501. Hope this helps.
No Title
Mr Ike,
Please do your homework before posting anything.The person asked whether he would be able to enter back USA with a valid I-94 card but without a valid H1B visa. If you do have a H1B status but do not have a valid H1B visa, you enter enter back United states with the valid I-94. This can be only done if you are returning from Canada and Mexico.
Its not my headace(also not yours) to find whether he have a valid visa or any document to enter Canada.my job is to help folks with an accurate answer to a question which is knowledgeable to me.
He did say that he wants to visit canada for a day, so he must be responsible to have a valid document for entering Canada.
People like you who does not much immigration laws about Canada and USA usually try to confuse people.
Mr Ike,
Please do your homework before posting anything.The person asked whether he would be able to enter back USA with a valid I-94 card but without a valid H1B visa. If you do have a H1B status but do not have a valid H1B visa, you enter enter back United states with the valid I-94. This can be only done if you are returning from Canada and Mexico.
Its not my headace(also not yours) to find whether he have a valid visa or any document to enter Canada.my job is to help folks with an accurate answer to a question which is knowledgeable to me.
He did say that he wants to visit canada for a day, so he must be responsible to have a valid document for entering Canada.
People like you who does not much immigration laws about Canada and USA usually try to confuse people.
No Title
Canadian, I think you should call up the consulate first (at the phone numbers are on the previous post of mine) and find out who is permissible to enter into US with just an I-94 without a visa for that particular status or change of status thereof from Canada or Mexico. According to the current NAFTA rules, the ones who are permissible I had indicated in the previous post.
Canadian, the original post was "I changed from F-1 to H-1 in US. So, I have H-1 status and new I-94 card approved for H-1b at the same time, but no valid visa. I plan to visit Canada only for one day (possibly boring going and evening coming back.)" For your information the question cannot be answered until one know the follows: i. nationality; ii. status in Canada. In addition, one cannot enter back into US without a valid H-1B visa if the previous status was not H-1B. However, the individual can travel back with F-1 visa status. Yes, if the individual has Canadian PR then the individual can do a status change at the border/ airport (Preboarding Post) without going to Consulate.
By the way, granted that this outside the scope the question asked, however, additional information doesn\'t hurt. The objective of forums like these is exchange information not finger pointing each other... I could have also said to "do your homework" or I could have also said "People like you who does not much immigration laws about Canada and US usually try to confuse people. "
Canadian, I think you should call up the consulate first (at the phone numbers are on the previous post of mine) and find out who is permissible to enter into US with just an I-94 without a visa for that particular status or change of status thereof from Canada or Mexico. According to the current NAFTA rules, the ones who are permissible I had indicated in the previous post.
Canadian, the original post was "I changed from F-1 to H-1 in US. So, I have H-1 status and new I-94 card approved for H-1b at the same time, but no valid visa. I plan to visit Canada only for one day (possibly boring going and evening coming back.)" For your information the question cannot be answered until one know the follows: i. nationality; ii. status in Canada. In addition, one cannot enter back into US without a valid H-1B visa if the previous status was not H-1B. However, the individual can travel back with F-1 visa status. Yes, if the individual has Canadian PR then the individual can do a status change at the border/ airport (Preboarding Post) without going to Consulate.
By the way, granted that this outside the scope the question asked, however, additional information doesn\'t hurt. The objective of forums like these is exchange information not finger pointing each other... I could have also said to "do your homework" or I could have also said "People like you who does not much immigration laws about Canada and US usually try to confuse people. "
No Title
I do respect your opinion but there is not point of arguing with you.
The person who had a question already understood what my opinion
and quote "My question is best answered in detail by you. Thanks again, Canedian."
I have a double degree in law and MIS from reputed university in US.
I am a canadian citizen and has done intership with major immigration firms in the past. Just to let you know my background.
I do respect your opinion but there is not point of arguing with you.
The person who had a question already understood what my opinion
and quote "My question is best answered in detail by you. Thanks again, Canedian."
I have a double degree in law and MIS from reputed university in US.
I am a canadian citizen and has done intership with major immigration firms in the past. Just to let you know my background.
No Title
Dear Canedian,
I am a canadian PR with pakistani citizenship, and currently hold Work authorization and advanced parole in USA. When I crossed border into USA as Canadian PR, immigration officer at the border took my work Authorization card, I need to know if It will affect the processing of my green card in USA?
how can I get work authorization card back from INS?
thanks for your help !!
Dear Canedian,
I am a canadian PR with pakistani citizenship, and currently hold Work authorization and advanced parole in USA. When I crossed border into USA as Canadian PR, immigration officer at the border took my work Authorization card, I need to know if It will affect the processing of my green card in USA?
how can I get work authorization card back from INS?
thanks for your help !!
No Title
Please post in details what kind of documents you have shown in the US border. I would be glad to answer your previous questions.Let me give you some thought.
(1)Being a citizen of pakistan (which i think is still a member of commonwealth-i have a little doubt because after the military coup pakistan was suspended from common wealth, so let me know if it is still now)and being a landed immigrant of Canada, you can always enter USA without a visitor visa. So i am not sure whether you have entered USA by showing your landed status or not. If the answer is yes, what made you show them your EAD card.
(2) I assume you are in H1B status, you should have not shown your landed status. You should have entered USA with your EAD and advance parole. In that case they would not have taken your EAD card and your status would be in parole.Your H1 status would be gone.
From my experience, it looks like you were reluctant to use your advance parole. The law is if one use advance parole to enter US,H1B status is gone.
Give me some light in your case, I would be glad to help you out.
Please post in details what kind of documents you have shown in the US border. I would be glad to answer your previous questions.Let me give you some thought.
(1)Being a citizen of pakistan (which i think is still a member of commonwealth-i have a little doubt because after the military coup pakistan was suspended from common wealth, so let me know if it is still now)and being a landed immigrant of Canada, you can always enter USA without a visitor visa. So i am not sure whether you have entered USA by showing your landed status or not. If the answer is yes, what made you show them your EAD card.
(2) I assume you are in H1B status, you should have not shown your landed status. You should have entered USA with your EAD and advance parole. In that case they would not have taken your EAD card and your status would be in parole.Your H1 status would be gone.
From my experience, it looks like you were reluctant to use your advance parole. The law is if one use advance parole to enter US,H1B status is gone.
Give me some light in your case, I would be glad to help you out.
No Title
Dear Canedian,
I was on F-1 status, and got my work authorization and advanced parole thorough my employer who sponosored my for my green card. I didn\'t apply for H-1 through that employer.
I didn\'t show them my EAD card when crossing border into USA, but they checked my previous status, and found out I have Work authorization card and they took it, because I guess I was entering as landing immigrant?
I thought it would be easier to use my landing paper to enter USA because Pakistan is still member of common-wealth.
What will happen in my case now? Can I go to local INS office and get interim work authorization card, will it affect my green card processing?
Thank you so much for your help
Dear Canedian,
I was on F-1 status, and got my work authorization and advanced parole thorough my employer who sponosored my for my green card. I didn\'t apply for H-1 through that employer.
I didn\'t show them my EAD card when crossing border into USA, but they checked my previous status, and found out I have Work authorization card and they took it, because I guess I was entering as landing immigrant?
I thought it would be easier to use my landing paper to enter USA because Pakistan is still member of common-wealth.
What will happen in my case now? Can I go to local INS office and get interim work authorization card, will it affect my green card processing?
Thank you so much for your help
No Title
I have entered into the US on a H4 visa. It so happens that my H1 was approved much before my H4 visa was stamped, but the originals were lost in transit and I have now applied for duplicate orginals of the H1 approval notice. Is my H1 approval still valid (since I entered US on a H-4) and if so can I go across to Canada and get my H1 visa stamped there to change my status to H1.
And how do I go about applying for a canadian visit visa ?
I have entered into the US on a H4 visa. It so happens that my H1 was approved much before my H4 visa was stamped, but the originals were lost in transit and I have now applied for duplicate orginals of the H1 approval notice. Is my H1 approval still valid (since I entered US on a H-4) and if so can I go across to Canada and get my H1 visa stamped there to change my status to H1.
And how do I go about applying for a canadian visit visa ?
No Title
if you did not apply for H1, how are you still continuing working on F1 status. When you graduate with a F1 visa, you get a work permit(practical training) for 1 year. After that you have to change to another visa or status because F1 status is considered as D/S(Duration of Stay).
so let me know what\'s the scoop and I will let you know what to do.
I used to know a person who had the same problem but he was in H1B,and had EAD and advance parole. He was entering as a landed immigrant and they took his EAD.
if you did not apply for H1, how are you still continuing working on F1 status. When you graduate with a F1 visa, you get a work permit(practical training) for 1 year. After that you have to change to another visa or status because F1 status is considered as D/S(Duration of Stay).
so let me know what\'s the scoop and I will let you know what to do.
I used to know a person who had the same problem but he was in H1B,and had EAD and advance parole. He was entering as a landed immigrant and they took his EAD.
No Title
Dear Canedian,
I worked on my practical training, and my employer sponsored me for green card without going through H-1 during my practical training period, and I got work authorization and AP.
Then I got my canadian landing papers, and landed in Canada, and when I was coming back as landed immigrant, they took my work authorization card
Did that person (you know about) get his green card, does it affect green card processing?
Do you know if I can just go to INS local office and get Interm Work authorization card and will everything be okay?
Thanks again
Dear Canedian,
I worked on my practical training, and my employer sponsored me for green card without going through H-1 during my practical training period, and I got work authorization and AP.
Then I got my canadian landing papers, and landed in Canada, and when I was coming back as landed immigrant, they took my work authorization card
Did that person (you know about) get his green card, does it affect green card processing?
Do you know if I can just go to INS local office and get Interm Work authorization card and will everything be okay?
Thanks again
No Title
Well, it looks you will be ok and your gc process won\'t be a problem. But here I see a difficulty. since you have a advance parole but no EAD(work authorization), what you will do if you go out of the country again(say pakistan). You won\'t be able to enter US because you have to have EAD when entering US with advance parole.
What I suggest is to apply for a replacement EAD. Go to your local INS office(check to see if your local INS office does process EAD) and tell them that you have mistakenly submitted EAD card while entering USA. Give them the 485 receipt notice and pay $100 and submit I-765 application form. They should instantly give you.if your local INS office does not process work authorization, then mail to nebraska to get your replacement EAD.
hope this helps you and as always check with your lawyer before taking any decisions.
Well, it looks you will be ok and your gc process won\'t be a problem. But here I see a difficulty. since you have a advance parole but no EAD(work authorization), what you will do if you go out of the country again(say pakistan). You won\'t be able to enter US because you have to have EAD when entering US with advance parole.
What I suggest is to apply for a replacement EAD. Go to your local INS office(check to see if your local INS office does process EAD) and tell them that you have mistakenly submitted EAD card while entering USA. Give them the 485 receipt notice and pay $100 and submit I-765 application form. They should instantly give you.if your local INS office does not process work authorization, then mail to nebraska to get your replacement EAD.
hope this helps you and as always check with your lawyer before taking any decisions.
No Title
Dear Canedian,
do you think if I enter into USA again as Canadian landed immigrant, I\'ll have any problem, because Immigration officer may check and find out that I have an application pending for green card?
do you think if I enter into USA using my AP, and EAD, will that create any problem, because officer took my EAD card, does it invalidate my work authorization and AP?
Thanks in advance for answering
Dear Canedian,
do you think if I enter into USA again as Canadian landed immigrant, I\'ll have any problem, because Immigration officer may check and find out that I have an application pending for green card?
do you think if I enter into USA using my AP, and EAD, will that create any problem, because officer took my EAD card, does it invalidate my work authorization and AP?
Thanks in advance for answering
No Title
Dear canedian,
Please, please give me a reply!! I entered US with B1/B2 visa valid for 6 month. Before that visa was expired, I found a job and they filed H1B petition to INS. 2 weeks ago I got approval from INS with new I-94 valid for 3 years. So, what I have: expired B1/B2 in my passport and valid new I-94, BUT without stamp. Can I go to Canada to stamp it? Will I be able to return to US even if visa won\'t be stamped???
I don\'t have US education degree, will it be a problem at consulate?
Thannk you so much and look forward to get your answer! Please...
Sol
Dear canedian,
Please, please give me a reply!! I entered US with B1/B2 visa valid for 6 month. Before that visa was expired, I found a job and they filed H1B petition to INS. 2 weeks ago I got approval from INS with new I-94 valid for 3 years. So, what I have: expired B1/B2 in my passport and valid new I-94, BUT without stamp. Can I go to Canada to stamp it? Will I be able to return to US even if visa won\'t be stamped???
I don\'t have US education degree, will it be a problem at consulate?
Thannk you so much and look forward to get your answer! Please...
Sol
No Title
There might be a possibility that if you enter as landed immigrant to US again, they can check your status and find out that you have a application pending for green card.
That\'s why you need to apply for a replacement EAD incase if you are planning to leave USA(even for a trip to Canada). I have explained you in the previous answer.
Since they have taken your EAD, there is a possibility they mighr have revoked your work authorization. Your AP would be intact. Infact you have not used your AP, so your status is not paroled.Having a AP document does not make your status parole-you have to use it.
There might be a possibility that if you enter as landed immigrant to US again, they can check your status and find out that you have a application pending for green card.
That\'s why you need to apply for a replacement EAD incase if you are planning to leave USA(even for a trip to Canada). I have explained you in the previous answer.
Since they have taken your EAD, there is a possibility they mighr have revoked your work authorization. Your AP would be intact. Infact you have not used your AP, so your status is not paroled.Having a AP document does not make your status parole-you have to use it.
No Title
Dear Canedian,
I can go ahead and apply for Work authorization card, but questions is whether they will give me replacement card?
What should I write my current status is now in USA on my work authorization replacement card application?
I heard I only need AP to enter USA, is it correct?
Thanks for your help !
Dear Canedian,
I can go ahead and apply for Work authorization card, but questions is whether they will give me replacement card?
What should I write my current status is now in USA on my work authorization replacement card application?
I heard I only need AP to enter USA, is it correct?
Thanks for your help !
No Title
Yes,you can go ahead and apply for a replacement EAD card.The procedure is being mentioned in my previous reply.INS uses their discretion to give EAD replacement cards, so you have to try it
You should write whatever your current status is. As far as I know you did not use your AP, so your current status is valid.
As far as I know you need to have EAD if you planning to use AP to enter united status.
This is what the foreign affairs mannual says:Check this out with your lawyer.He/She should know.
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As parolee can\'t work in US, he/she should get EAD before traveling on AP.
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Yes,you can go ahead and apply for a replacement EAD card.The procedure is being mentioned in my previous reply.INS uses their discretion to give EAD replacement cards, so you have to try it
You should write whatever your current status is. As far as I know you did not use your AP, so your current status is valid.
As far as I know you need to have EAD if you planning to use AP to enter united status.
This is what the foreign affairs mannual says:Check this out with your lawyer.He/She should know.
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As parolee can\'t work in US, he/she should get EAD before traveling on AP.
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