I am presently in US on H1 visa approval I-797. Had applied for US EB-2 by concurrently filing 129 and 485. Employer revoked the petition as I could not work for him, so I changed my job. I am also currently enrolled in a certification course which will end on May 1, 2009. I have spent a lot of money for this course and it is crutial to my getting license in Canada once I land in Canada.
Canadian skilled worker application approved, can land till June 2009. I am expecting a child in April 09. The visa approval letter says, if there is a change in family composition prior to my landing, I will have to apply for a new application for everybody.
I am apprehensive using the AVR to land and return to US as I do not have a H1 stamp in my passport and there is a history of applying for US immigration, which might still be showing up in the system when I try to return to US
Any thoughts? Experts please help.
Thank you for your advice.
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"The visa approval letter says, if there is a change in family composition prior to my landing, I will have to apply for a new application for everybody."
My understanding is that you would need to add the newborn to the application. I dont believe you would need to apply for a new application again. You may want to reconfirm this with CHC that issued you a visa (in writing if you can, especially if your current letter states the above).
Adding a new born to the application I can understand, but I dont get why they would make you reapply in that situation.
Ray
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toothdoc,
Best in this case is to go to Canada before child birth and complete the landing AND if possible stay there for atleast a month - you will get the PR cards. Once PR card is in your hand, travelling to and fro US will not be an issue with your H1B.
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ray,
The case is that your file is "approved" so any change in family now invokes new app. If your family changes before application is approved - you need to add the new member in "on going" app. Hope this clears :)
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Really? Thats not good. So, if someone got approved and had a baby a few days after that (which is entirely possible), they will make them redo the application? Thats not a good thing.
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Yeah, best in such cases is to update Consulate on time or land before new member' arrival :)
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Thanks for your replies and suggestions.
I understand that it is better to land before the arrival of the child.
Do you guys think I will have problem returning to US using AVR (just H1 approval notice no stamp in passport) after 2-3 days as I have a history of withdrawn I-130 and 485 for US immigration.
Thanks again
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toothdoc, please check with consulate also in this regard. They will have the accurate answer.
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Dear All
Thanks a lot for your advice and help.
I landed via Detroit Windsor tunnel bus on 10-10-08 and returned same day after 4 hours using AVR - H1B approval without H1 stamped in the passport. The IO did not ask anything. He knew the AVR rule and told me I will need a stamp if I go back to India or travel anywhere outside the continental United States.
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I guess i did not read the last blog....
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