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Topic: Canada Landing and H1B Stamping/AVR
Hi Guys,
I am planning to do Canada landing and I have expired H1 Visa but valid H1B Extension till Nov 2009 and I also have GC filed (waiting for 140/485 as PD is May 2007 EB3).
I have done my Bachelor's in Engineering(Computer Sc) from India.
So which option is better use AVR or go ahead with H1B Renewal Stamping at Ottawa (I have an appointment for Aug 28th).
Any comments :)
Thanks.
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Hi delhiguy79
Am in a similar situation as yours and plan to go for landing in the next 30 days or so. My opinion would be (and I am by no means an expert) to use AVR - I plan to so as well. Two primary reasons for that you cannot return while your application for renewal is pending which means your stay in Canada could be longer. How long depends on your security clearences and since my name is pretty common name it could get held for weeks.
Hope this helps.. BTW, when do you plan to land? May be we can share experiences...
Thanks
Faisalsk70
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I crossed over for my landing this March in the same situation.
I had an expired visa and a valid H1.
There is a contiguous states rule that states that you can go to Canada or Mexico and return back within 30 days provided you are not going to visit a US consulate there.
My landing and return went without a hitch.
The US side wil look at the Canada visa, the H1 papers and the passports. You explain to them that you are going to Canada for completing Canadian immigration.
Same thing while coming back.
No hassles, I know of some more cases like that.
The bigger question is what will you do in Canada?
Do you have a job offer?
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eternity
You are saying with expired H1B stamping on passport , you can still go to Mexico or canada and come back to US with out issues... i know you have a valid H1B but i was all though thinking i need to get it stamped on passport to enter back US.
I am in the very similar situation and planning to go to Canada for both h1B stamping and Canada PR landing... any thoughts
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No I dont have a job offer in Canada. I dont plan to stay in Canada as I stated earlier I wanna come bak to US and continue working in US.
Did u do the landing and came bak to US on AVR?
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I landed and came back with an expired H1B visa. If you are planning to go for US PR you might have some issues down the line as they do not like Canadian PR applying for US PR - I think it is about wasting time; not sure. Landing and returning with AVR is fine. But do expect the customs people in the US to want to know why you are back in the US if you have Canadian PR. They might be fine, but they could be slightly hostile with you. Personally, I do not think it is a good idea to go for Canadian and US PR at the same time, but that is your choice. Good luck!
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You cannot hold Canadian PR and US PR... the reason is the "P" Permanent... very risky and could cost you both and leave you in no mans land... not a smart thing to do!
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I am in the same situation. i will be landing in canada by air last week of September and return to usa after 5 days by air using AVR. I have heard more positive experience about AVR. Wish me luck. Thanks
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same situation
I have apt for Stamping H 1 in Ottawa on august 26th
I plan to go to canada by land and then use AVR to enter.
the only concern I have is im from Pakistan and common first name Usman
i want to know if they actually conduct the name checks that are done by US embassy that results in delays for months.
i am currently employed as a dentist with valid 797 but expired visa
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Hi Usfazli
Am from Pakistan as well and same situation (a very common first as well as last name). Anyways, I have read several posts where it was advised that you cannot return to US (using AVR or AP) if your visa petition is pending in another country. That means that you would need to wait in Canada for a period of time and get the stamping completed to re-enter. Which due to being a pakistani as well as a common name holder could take weeks (on basis of security clearence). Also, the consulate may say that you would need to go back to home country to get stamping which just adds more time......
This is why I am planning to just do the landing and then come right back using AVR and then may be get stamping done in pakistan later this year.
I may be wrong and if you find out that I am then please let me know as I am equally interested.
Thanks and good luck
faisalsk70
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faisal call me
i will give you my email address
usfazli at yahoo dot com
send me an email and i will send u my number or send me ur number in email
we both are exactly in the same boat
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automatic visa revalidation
what that means if you dont have a valid visa to re enter the United states provided you are on valid H F J status
then you can enter the US within 30 days provided you have valid I 94
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I did my medical aug 27,2007 but for some reason or the other I did not file my application. I am sending it in couple days.Will it be a problem since medical will be almost a year old?
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As I mentioned earlier I have to land in Canada, now I am thinking of using AVR. My expired H1B was from Company A then I shifted to company B. I now have H1B extension and valid I-94 from company B.
Can I still use AVR? I didn't find the answer, anybody who used AVR(similar scenario like mine) can u plz reply....
Thanks in advance.
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yes you can
as long as you never violated any immigration rule such as overstaying and you have valid 797 and I 94 you can enter. my advice would be to bring with you all the documents even pictures of your work and pay stubs and stuff like that
best of luck
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While my company lawyer said that I can use either AVR/AP/H1B visa to reenter US, i've heard problems for Canadian landed immigrants trying to enter without valid visa stamped on the passport. So the best option would be to get H1B stamped and enter US. I felt that because one person had problem doesn't mean that same automatically applies for others. I think its more of that luck factor for each individual.
I landed last month by 1000 Islands bridge, the authorities on the Canadian side were very rude and they refused to take my Canadian address to send the PR card, stating that I should permenantly live in Canada and until then I can use Landed immigration paper and enter Canada anytime by Land. If I have to fly to Canada, then I'd have to apply for travel document from Canadian consulate from the country from where I'll start flying.
When coming back to US, the US authorities were equally rude asking very silly questions eventhough I had proper H1B stamped.
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DELHIGUY79:
It really is NOT complicated. Simple as this: as long as you have a valid I-94 (if your H1B ran out, it will be attached to the notice of extension, which is called an I-797) you can enter Canada or Mexico to visit only those countries and return to the US within 30 days. It really is as simple as that ... there is no need to get a new H1B stamp. You will need to take your original I-797 that your employer should have in his or her possession because it has your extended I-94 in the bottom corner.
When you land in Canada, let them take your OLD I-94 and then just staple in the I-797 I-94 for when you return. As long as you show the US customs your valid I-94, they will let you back in under the AVR rule.
I did this 2 weeks ago and it was fine for me. I landed at Windsor and came back through Port Huron.
Anton
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PS. I think you need to realise that applying for both US and Canadian PR is pretty risky, as others have noted on here. I do not want to scare you, but I am not sure you understand the implication of applying for both US and Canadian PR. Customs officers in the US might want to know what your plans are if they see your CORP (confirmation of permanent residency - a stamp in the passport that says you are a Canadian PR) and then see on their computer that you have applied for US PR. If they do not like your answer, they have a legal RIGHT to deny you access to the US, which means travelling back to your home country or a third country to apply for an H1B stamp. So be polite and friendly, answering all their questions calmy and without a bad attitude. You will need to think about an answer for the issue of dual PR status, if they ask you about it. Their main concern is that you are not entering the US to overstay your I-94. If your I-94 has a good few years on it, you should be OK. But you need to take responsibility for what you have decided to do and play by the rules. I sincerely wish you good luck,
Anton
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usfazli (17)::
what you mean by re entering US with valid I-94? I-94 was given last time we entered US when H1 visa stamping was valid. then how come I will have a valid I-94? pls clarify
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Thanks Anton,
I applied for Canadian PR before applying for US GC. Now that I had spent so much time, energy and money on Canadian PR I just want to keep it as a backup for US GC.
As US GC is not a sure thing and it can take may b 5-7 years for me as it has been applied in EB-3.
I really dont see any law where a person cannot apply two PRs. Once I get US GC I am planning to abandon my Canadian PR.
But for now I have to complete the formailty of landing so that I dont loose Canadian PR.
Thanks.
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Delhi guy
to my understanding
there is no harm
in applying for perm resident of two countries
but there is a problem when you get both approved
you will have to give one up
my advice is that you are SPOT ON
get your canadian and secure it. much easier compared to US
and keep trying
when you get ur US
discard canadian
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Yeah thats what I am thinking, but I am tensed whether I shud AVR or not as I have changed my employer and my Visa is from my old employer whereas my Valid I-94 from new employer.
I also have a stamping date on Aug 28th at Ottawa Consulate, so I am in dual mind what to do :)
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look you should try AVR first
whats the worst that can happen
they wont let you in USA
then you can go for stamping
dont worry about it
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delhiguy79, how did you got the appointment at ottawa? When I go to nvars.com, i see no availability. Please suggest. Thanks.
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hi vickym,
i booked a month ago and i got it suddenly arnd 11 a.m. EST,
Is ur H1b Extension with same employer?
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Hi ,
I am also in the same situation. I am planning to land Canada(Vancouver) on 23rd of August for PR procedure.
I have return ticket on 25th August Evening.
I am planning to use AVR ( as I have valid I797 with Valid I94 which will expires in Dec-2009)
But this I797 approval is from different employer as I changed my employer.
My Passport already have two h1b stamp with Company "A".
My Green card application I485 is pending.
Can I still use AVR?
Should I go to Canada?
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Hi siftqtech,
I am also planning to do the same...
All the best to both of us :)
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when r u planning to land? and which port?
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i live in detroit... so i will land thru windsor or Sarnia...but planning to come bak thru Niagara Falls to US as I plan to visit Toronto, Niagara Falls.
how abt u?
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I live in LA, I will go through vancouver, and come back the same way.
When are you leaving?
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ANYBODY USED AVR RECENTLY ????
Pls share experience...
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I am planning to use AVR rule to come back to usa. The expired visa is in my old passport but I always carry both passport together all the time. Do you see any issue with having expired visa in the old passport? Please advice.
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i dont think if its in old passport it will b a problem... always carry both passports together...
when r u planning to land?
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Hi Usfazli
Anyways, I have read several posts where it was advised that you cannot return to US (using AVR or AP) if your visa petition is pending in another country. That means that you would need to wait in Canada for a period of time and get the stamping completed to re-enter.
Canadian PR approved..I485 pending and confused...Same sitution...Lol
guys..i have been trying for a while to get an appointment at US consulate in toronto or ottawa..but no luck so far...
my initial plan was that I would try for H1B stamping and if for some reason I get stuck..then i will use AVR or AP to re-enter into USA..
I thought it was fair and simple enough until i came across this thread..
faisal bhai are you positive about the above quote...delhiguy79 or anybody..
and humbly request to all you guys who complete the landing process to post their experiences here..it would really help us..
Thanks |
Do we have to get the specific form for list of goods or we can format our own form?
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MiyaBhai u take stamping date but try to use AVR before it as u cannot use AVR after H1B stamping.
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ANYBODY USED AVR RECENTLY ????
Pls share experience...
If we use AVR can we come bak the same day?
Also as I am keeping my H1B stamping date for next week I was filling the DS-156 form, wat address shud we give as home address - Canadian Address (as landed PR) or Indian Address (home country address) ?
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I+wife used AVR about a month ago, and my wife 4 days ago. US Immigration clearance was at Toronto airport. First time was very pleasant, person at booth didnt know AVR rule but he called over someone who did, and we were done in a few minutes. 4 days ago it was an unpleasant experience and a hassle but got thru finally.
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what sort of hasssle, can u plz explain ?
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Person at booth didnt know AVR, and sent my wife to another room. Had to wait there about 45 min to be called. This IO knew AVR but didnt seem to want to allow my wife to use it. He threatened to cancel the visa (J1) since it was from 2003. He wanted her to go to a consulate and get a new visa stamp. My wife told him her status is only valid for another 6 weeks and there just isnt enough time to do all that. After some haranguing along these lines the IO finally allowed her to enter the US.
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Hi guys,
Thanks for all your help.
I landed in Canada on Friday 22, 2008 thru Detroit-Windsor tunnel and came back to US on Aug 23, 2008 thru Rainbow Bridge, Niagara Falls on AVR.
I have my Visa Appointment at Ottawa Consulate on Aug 28, 2008 which I will cancel today.
Also guys I gave my friend's address for PR and SIN Card, how long does it take to get it?
Is there any website or phone number where I can track it?
Thanks.
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delhiguy
congratulations..i am very happy to hear that you made back to US..
I am planning on landing in canada some time in Oct ..please post your experience in detail..it will help a lot of us out here..
also I have been trying to get an appointment for US consulate in Toronto for my H1b visa ..but have not got any openings so far...can you tell me how you made your appt..was it through website or phone etc
why did you drop your idea of appearing at the consulate ?
sorry for asking too many questions... please do post your opinions and experience
Thanks and njoyy your PR card
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Congrats Delhiguy...
I would agree, please share more details and most of us would be really interested.
usfazli, sorry I was out on vacation last week and a half.. please email me # faisalsk70@hotmail.com and we can connect.
Thanks
Faisalsk70
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faisal
can I contact you as well..i am in a similar boat...
Thanks
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Guys,
I landed in car via Detroit-Windsor tunnel on Aug 22, 2008 arnd 1.00 p.m. I went directly to Canada Customs and immigration, at the booth I was given yellow slip, which I took in the office and gave my Passport, COPR to the counter.
She asked my friend's address and she wrote it on my COPR.Also how much fund I have I said a few hundred dollars and rest in bank, she then asked me an avg of all the money, I gave her the figure, thats it she didnt ask for statements etc. She said u ll get ur PR Card in 4-6 weeks at my friend's address, she attached the xerox copy of COPR on my passport and told me if I go back to US and want to come back I just have to show this xerox copy and passport.
I then moved to customes counter, the guy asked me what I am bringing... I gave him a list of lmy personal belongings in my car uch as laptop, camera, clothes, jewelry etc. He asked me whether I will be importing any vehicle. I said No. He said ok and made a copy of the list and gave it to me. I took the rental just to be on the safer side, but I dont think it matters as its all on u whether u want to import ur vehicle or not.
Then I moved in Canada, went to SIN office and applied for myself and my wife. Got in 10 mins and the card will be mailed to my friend's address in 5-10 working days.
Then went to Niagara Falls, stayed in the night.
Next Day morning went to US Border, my wife has valid H1B and valid I-94 so he didnt ask abt her. But as I had expired H1 and valid I-94, he got a bit confused as the guy was not aware of AVR I guess. Then he asked me where I live, I said Michigan. He asked why are u coming from here then, I said I wanted to visit Niagara Falls and also wanted to go to Pittsburgh Hindu Temple so he said OK.
He asked ur photo is too old on ur visa, I said because it is of 2005, so he asked me can u show me any other photo such as Driving License, I said Sure :)
He then asked some other guy that I am coming back in one day, the other guy said its ok.
He gave my passport and 797 notice and siad u r all set. No new I-94 issued.
I just drove in to US. Also I didn't want to go for stamping as my I-94 will expire next yr and I have to apply again for H1 Extension. So when I will go to India after my another renewal then I will get it stamped.
If u guys have any other questions do let me know.
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