Landing for for dual purpose: Immigrant stamping ,H1 expiry stamping
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Hi,
My husband holds an H1 visa petition in USA and we are currently in USA since the last 3 years.We will be coming toronto in September for landing.We have an issue.My husband's H1 visa has expired, so he has to go out of the the country to get it stamped (either Canada/Mexico) We thought that since we will be landing in toronto in September we can do the H1 renewal stamping also in toronto at US consulate in Toronto. However we are confused and fear that it might be rejected.Please help..
Also please forward me links of any other posts relevant to this issue in Charcha,...
Thanks for the help!..u guys are doing an awesome job helping new immigrants!!
This issue has been discussed many times before on charcha as well as other usenet forums.
For in-depth discussions, please use the Search feature.
A couple of high level points -
- It is safer to renew H-1 visa in home country rather than Canada or Mexico, esp. since you are not a landed immigrant yet.
In fact, I'm not sure if US consulates in Canada and Mexico even allow this any longer.
- If you are "landing" in Canada as a PR solely with the intent of going back immediately, you are not really landing as a permanent resident, are you?
Technically speaking, officer at PoE can ask you all sorts of questions and clarifications to determine whether you are indeed a bona fide PR or not.
- Don't make any plans or assumptions on how soon you can get an appointment at US consulate for visa interview.
Sometimes it takes weeks to get an appointment.
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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
Location: Somewhere in dreamland
Posted on: 20-08-08 12:22:30
It is very difficult to get appointment in Toronto. Do you have a confirmed appointment with US consulate in Toronto?
As for H1 Visa being rejected, it is difficult to predict which consulate is better as there have been cases of rejections in Canada, Mexico and India.
If you get 221(g) sometimes people get stuck for several weeks. So when you land, come with a open mind to look for a job here or to atleast convince your employer that you will work from Canada in case of any problems
Quote:
Originally posted by Bharti_nike
Hi,
My husband holds an H1 visa petition in USA and we are currently in USA since the last 3 years.We will be coming toronto in September for landing.We have an issue.My husband's H1 visa has expired, so he has to go out of the the country to get it stamped (either Canada/Mexico) We thought that since we will be landing in toronto in September we can do the H1 renewal stamping also in toronto at US consulate in Toronto. However we are confused and fear that it might be rejected.Please help..
Also please forward me links of any other posts relevant to this issue in Charcha,...
Thanks for the help!..u guys are doing an awesome job helping new immigrants!!
If you are landing, you are landed immigrant, and you can legally apply for H1b visa stamp at any post in Canada, Toronto is also good post I did my visa validation two times at Toronto without any problem.
Out of four post, Milan-Italy, Frankfurt - Germany, two times Toronto, It was very easy at TORONTO.
don't worry and Good Luck!
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"First they ignore you, then they laugh at you, then they fight you, then you win" - Mahatma Gandhi
Thanks Parth,Brown_bear and Pratick for ur valuable suggestions...
In reply to your questions,
We are definitely planning to stay back in Toronto for good till we get a citizenship.However to be on the safer side,My husband has decided to maintain his H1 visa.Luckily his employer is willing to not cancel his visa even after he stops working for him.
So based on what i see frm ur replies ,i believe that even though we land in Canada as immigrants , with PR,...we still can positively get our H1 stamped at toronto.Will this not give rise to questions from the authorities there..or do i just not worry since its two different departments( the landing will be taken care of by Customs and the H1 renewal by the US consulate.
Lastly, Supposedly after landing, having the H1 renewed succesfully, my husband has difficuly getting a project there in the first few weeks can he easily come out of toronto to USA for a couple of months to work with his ex employer in USA and then come back after I settle down comfortably in toronto.What is the flip side to this? Will he have issues while reentering canada the second time?
Quote:Technically, there is no such thing as maintaining an H-1 visa.
Originally posted by Bharti_nike
However to be on the safer side,My husband has decided to maintain his H1 visa.Luckily his employer is willing to not cancel his visa even after he stops working for him.
Also, employer cannot cancel a visa.
Visa is a request to enter the country for a pre-defined purpose (in this case work for a US employer).
H-1 status is the state of working for your US employer.
Every time you come into a PoE with an H-1B visa, you will be interviewed to determine whether you can enter or not.
To work for a US employer from Canada, you don't need H-1B visa.
If your husband is in Canada and not working for his US employer, there is no H-1 in effect.
Quote:That will depend on the consulate.
So based on what i see frm ur replies ,i believe that even though we land in Canada as immigrants , with PR,...we still can positively get our H1 stamped at toronto.
With visa, there are no guarantees.
Also, keep in mind that when you will be applying for H-1B visa in the US consulate in Canada, you will most likely not have all the documentation for your PR status like PR Card, SIN Card, etc. since those take several weeks to arrive.
Quote:It is do-able and legal, as long as the underlying job is still effective in the US.
Lastly, Supposedly after landing, having the H1 renewed succesfully, my husband has difficuly getting a project there in the first few weeks can he easily come out of toronto to USA for a couple of months to work with his ex employer in USA and then come back after I settle down comfortably in toronto.What is the flip side to this? Will he have issues while reentering canada the second time?
-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
Quote:
Originally posted by Bharti_nike
Thanks Parth,Brown_bear and Pratick for ur valuable suggestions...
In reply to your questions,
We are definitely planning to stay back in Toronto for good till we get a citizenship.However to be on the safer side,My husband has decided to maintain his H1 visa.Luckily his employer is willing to not cancel his visa even after he stops working for him.
So based on what i see frm ur replies ,i believe that even though we land in Canada as immigrants , with PR,...we still can positively get our H1 stamped at toronto.Will this not give rise to questions from the authorities there..or do i just not worry since its two different departments( the landing will be taken care of by Customs and the H1 renewal by the US consulate.
Lastly, Supposedly after landing, having the H1 renewed succesfully, my husband has difficuly getting a project there in the first few weeks can he easily come out of toronto to USA for a couple of months to work with his ex employer in USA and then come back after I settle down comfortably in toronto.What is the flip side to this? Will he have issues while reentering canada the second time?
I am working for US company and living in Canada, and my Job require frequent travel to US and other country, as long as you maintain residency requirement, no problem. I think there number of people are traveling everyday to US on h1b.
Just make sure that on H1b your husband will get paid every month. and always keep latest pay slip when he travel just in case IO at POE ask.
so don't worry and welcome to Canada.
Parth
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"First they ignore you, then they laugh at you, then they fight you, then you win" - Mahatma Gandhi
