|
|
| Subject: Help |
|
|
|
hi guys,
Need your urgent inputs and thanks in advance.
My immigrant visa for Canada is expiring next month.I am in US and my application for H1-B has been pending processing and approval for more than 6 months and there is no sign it will be approved soon since it has gone for never ending background checks.
Meanwhile my green card application after labor approval in US was filed this July( I-485 adjustment of status), hence H1-B no more holds any value as we have to apply for advance parole if we wish to leave the country otherwise it is considered abandoning of status in US.Now due to huge backlog and big filing in July,it is not possible Advance parole will be approved by next month.
If I leave the country without advance parole/h1 approval , i will not be able to come back. I could not go before due to pending h1 approval and pregnancy.Husband is doing Master and due to my own job winding up,we have to come back after landing.
Is there any possibility to extend this immigrant visa by few months on the above grounds. I was told by my attorneys in vancouver who did my application (though they are not very sure)I could request for extension since I have valid reasons and provided i do my medicals again.
Has anyone got an extension before. Do you think it is possible wth this request since i do not have travel permit from US yet and all my applications are submited and awaiting approval .
Also does anyone knows if we can land on canadian border and come back the same day to US without valid visa,and if there is any provision in usa that they allow person with canadian immigrant visa to enter US same day ( i have expired US visa and receipt notice for pending h1b and pending I-485 and pending advance parole document.
please guys this is urgent nd i will appreciate yr comments.
[11-09-2007,23:36]
[**.117.64.15]
supertanya |
|
check the 30 days auto revalidation option (in reply to: Help)
i think u can use 30 days auto revalidation
The 30 day visa auto revalidation law is in effect. I would suggest you call the immigration office at the border you are planning to leave/ return from. some people on h1 visa went to canada 2-3 months ago for 4 days and had no problem returning. I did confirm at the border that you can return within 30 days with no visa stamping. Be prepared for the special registraion at the border. But shouldn´t be any problem if you have all the paper work etc.
[11-09-2007,23:56]
[**.116.91.143]
janu |
(in reply to: Help)
I dont think they will give extension because nothing is stopping you from going to Canada. You are the one not going to Canada because you want to come back to US.
Canadian PR or CIC has nothing to do with your ability to enter US or visa or greencard.
As far as coming back you could use AVR rule even if your visa is expired but the problem is you dont have h1b approval (I797). So, no.
[12-09-2007,00:03]
[**.186.3.211]
Anonymous |
(in reply to: Help)
hi thanks "janu" and anonymous for your quick response.
Janu my case is peculiar in the sense I do not have an approved h1 yet.But I have receipt notice for all my cases filed as proof of filing.
Anonymous but since husband is in the mddle of studies and completing master and then baby issues and job winding up are required therefore wish to come back. This is extra ordinary situation. thought you had 3 years time after landing.I wish to request for advance permission from canadian consulate in US due to processing in US.
Please advise if they have extended before in any circumstances
[12-09-2007,00:12]
[**.117.64.15]
supertanya |
(in reply to: Help)
As far as I know you can still come back on H1-B as long as your green card has not been approved. If your green card was approved while you were out of USA, then you need to use the Advance parole while coming into USA, but neither helps in your case as you don´t have the H1 approval or you AP at this moment.
I would suggest premium processing of your H1B, it will come in 15 days, cost $1000 more, but that should save you from a lot of distress and also losing Canadian PR.
[12-09-2007,12:06]
[***.242.242.2]
Raj |
|
