When to travel to Canada while 7th yr. extension still in process?

B

bharatpremi

Registered Users (C)
Hi Guys,

My employer will be filing my 7th Yr. extension based on pending GC labor in this or next week (Nov 2004). March 07,2005 will be my final date of 6th year of H1 ( Visa stamp-validation, I-94, I -797 all have the same expiry date). Now meanwhile I have received the approval from Canadian Consulate for my Permanent Residence application and I have just sent passports to canadian consulate for having them stamped. Till August 02 2005 I will have to take an entry into Canada for having Permanent Immigration status.

Now my questions are as under:

1) When should I land into canada for having PR status and come back to
USA? Before 7th year extension gets approved /03-07-2005 or after 7th
year gets approved/ 03-07-2005 ?

Thanks in advance for any help.

- BharatPremi
 
You can do it either ways but do keep in mind that it is taking around 3-6 months for extensions to come through. You could also travel while your extension is pending but I would feel more comfortable travelling when I have the approval notice in hand. I would travel either before or after 7th yr gets approved
 
bharatpremi said:
Hi Guys,

My employer will be filing my 7th Yr. extension based on pending GC labor in this or next week (Nov 2004). March 07,2005 will be my final date of 6th year of H1 ( Visa stamp-validation, I-94, I -797 all have the same expiry date). Now meanwhile I have received the approval from Canadian Consulate for my Permanent Residence application and I have just sent passports to canadian consulate for having them stamped. Till August 02 2005 I will have to take an entry into Canada for having Permanent Immigration status.
---------- Premi Bharat Key: you have valid H1 visa stamp till March 07,2005, if you have send the passport to Buffalo you may get your passport back in 10-15 days. once you get your passport you can land any day before your H1 Visa in passport expires becase if you try to land after getting 7th year H1 approval then you will not be having H1B visa stamp in passport to be back to US( you can say that one can enter with valid I-94 if Visa is expired and it is true but these days border people dont understand this and create problems when you have Visa stamp expired and only valid I-94 they take you to secondary inspection and need to talk with supervisor and better have the print out of Automatic visa revalidation printout from DOS site to show him)

Now my questions are as under:

1) When should I land into canada for having PR status and come back to
USA? Before 7th year extension gets approved /03-07-2005 or after 7th
year gets approved/ 03-07-2005 ?

Thanks in advance for any help.

- BharatPremi
Click to expand...
 
Hi Jaggy,

Thanks for your input.

Hi Ginnu,

As usual your help is precise and many Thanks for that. Frankly speaking, I knew about " Visa Revalidation" probably a lot but did not aware about "Automatic Visa Revalidation" at all and thus your input helped me a lot.

Now after getting your input I have some other questions arised for both kind of scenerios which are as under.
My Visit to Canada before 6th year expiration while application for 7thYr. extension still in process:
----------------------------------------------------------------------
1) It looks like having landed into Canada before 6th yr. expiration
(application for 7th yr. application still in process) would be
a option without complexity and hassels. But if I choose this option then
I and my family will be having a new I-94 records and with common sense
I am assuming my lawyer will have to submit the copies of them to INS
w.r.t 7th yr. extension application.
Now do you think submitting them would create any delay or create any
other kind of problem for 7th yr. extention?
My Visit to Canada after 6th year expiration while application for 7thYr. extension is approved:
----------------------------------------------------------------------

I visited following web site as per your suggestion for using "Automatic Visa Revalidation". What I have grasped is that if I want to use "Automatic Visa Revalidation" then I will not have to fix an appointment for "New Visa".

http://travel.state.gov/visa/state50158.html
Is my understanding Correct?

Thanks in advance.
- Bharat Premi
 
Last edited by a moderator:
bharatpremi said:
Hi Jaggy,

Thanks for your input.

Hi Ginnu,

As usual your help is precise and many Thanks for that. Frankly speaking, I knew about " Visa Revalidation" probably a lot but did not aware about "Automatic Visa Revalidation" at all and thus your input helped me a lot.

Now after getting your input I have some other questions arised for both kind of scenerios which are as under.
My Visit to Canada before 6th year expiration while application for 7thYr. extension still in process:
----------------------------------------------------------------------
1) It looks like having landed into Canada before 6th yr. expiration
(application for 7th yr. application still in process) would be
a option without complexity and hassels. But if I choose this option then
I and my family will be having a new I-94 records
-------- if you go by border they dont take yourI-94 if you take flight to Canada from US it is domestic flight and the airline willNOT take your I-94 if your trip to Canada is less than 30 days. while you are entring USA from Canada by border or by air you have to show your passport visa stamp and valid I-94(that is stapled in your passport) you will be admited with same I-94
and with common sense
I am assuming my lawyer will have to submit the copies of them to INS
w.r.t 7th yr. extension application.
Now do you think submitting them would create any delay or create any
other kind of problem for 7th yr. extention?
My Visit to Canada after 6th year expiration while application for 7thYr. extension is approved:
----------------------------------------------------------------------

I visited following web site as per your suggestion for using "Automatic Visa Revalidation". What I have grasped is that if I want to use "Automatic Visa Revalidation" then I will not have to fix an appointment for "New Visa".

http://travel.state.gov/visa/state50158.html
Is my understanding Correct?

Thanks in advance.
- Bharat Premi
Click to expand...
 
Hi Ginnu,

You wrote:

-------- if you go by border they dont take yourI-94 if you take flight to Canada from US it is domestic flight and the airline willNOT take your I-94 if your trip to Canada is less than 30 days. while you are entring USA from Canada by border or by air you have to show your passport visa stamp and valid I-94(that is stapled in your passport) you will be admited with same I-94

My own Experience in past travel during August 2001:
----------------------------------------------------

I visited Canada with my family on multiple entry Visitor visa (Travelled by Air) for 3 days and that time old I-94 were taken away and while coming back to US new I-94 for all of us were issued.

So, what you are mentioning is a new rule in force? Or Since I will be PR of Canada and so I will not be asked for I -94 ? I'm confused..


Anyway, other thing I want to confirm is that I will not have to apply for " Visa Revalidation" at US consulate in Canada by taking advance appointment in case if I choose to go through "Automatic Revalidation" (If I go after 7th yr. approval).
Correct?

Thanks.


- Bharat Premi
 
bharatpremi said:
Hi Ginnu,

You wrote:

-------- if you go by border they dont take yourI-94 if you take flight to Canada from US it is domestic flight and the airline willNOT take your I-94 if your trip to Canada is less than 30 days. while you are entring USA from Canada by border or by air you have to show your passport visa stamp and valid I-94(that is stapled in your passport) you will be admited with same I-94

My own Experience in past travel during August 2001:
----------------------------------------------------

I visited Canada with my family on multiple entry Visitor visa (Travelled by Air) for 3 days and that time old I-94 were taken away and while coming back to US new I-94 for all of us were issued.
---------- when you take a flight to Canada from US it is treated as domestic flight and ailines donttake your I-94 if your trip to Canada is less than 30 days, if the airlines took your I-94 it was mistake of airlines, if you enter Canada by border then Canada immigration dont take your I-94. if you were given new I-94 by US immigration in Canada before taking a flight to US then the officer may be new or you filled up new I-94 form and give it to him or you did not inform him that your trip to Canada was less than 30 days you could have shoun your boarding pass of the flight that you took from US to Canada
So, what you are mentioning is a new rule in force?
---- it is old law and still in force
Or Since I will be PR of Canada and so I will not be asked for I -94 ? I'm confused..
------- PR of Canada need to have US Visa and I-94 to enter US.

Anyway, other thing I want to confirm is that I will not have to apply for " Visa Revalidation" at US consulate in Canada by taking advance appointment in case if I choose to go through "Automatic Revalidation" (If I go after 7th yr. approval).
Correct?
-------- if you apply for VISA stamp in Canada and it got rejected then you will not be allowed back to US from Canada, you may have to go back to your home country to get US visa then enter US.
being PR of Canada you CAN apply US visa in Canada but they will ask TIES to Canada like job for 6 months IN Canada, appartment lease in Canada, DL of Canada and other documents related to your ties to Canada
Thanks.


- Bharat Premi
Click to expand...
 
Hi Ginnu,

Thanks for your help. Finally I have decided to go Canada first and then apply for 7th yr. extension.

- Bharat Premi
 
You must log in or register to reply here.
Top