Need to travel to Toronto tomorrow (Urgent)

[srikondoji]

While i am waiting for my lawyer to talk to, i would like to know your input.

I am on H1-B and just recently got extension for 3 years.
I and my wife also received all receipts including EAD cards and waiting for AP.

Can i travel?
If iam using H1-B, i need to get it stamped on re-entry right?
I most likely can't travel on AP, as i don't have it.

Should i say to my boss, that i can't travel?

I know, some of my questions are stupid as iam typing it the moment i heard without going over the forums threads for relevant details and also not using my own knowledge base.

Thanks and i highly appreciate your replies.
--sri

[srikondoji]

I just contacted my lawyer and he says nothing to worry and i can travel.

He says that i should carry H1-B extension papers with previously issued I-94 and passport. Also carry I-485 receipts for saftey.
I don't have to get my passport stamped in canada for re-entry, if iam planning to reneter within 30 days.

All i need to do is not surrended my I-94 card in the boston airport and insist to the airlines that i need to re-enter.

Did anyone go through this before?
--sri

[gc_chahiye]

Originally Posted by srikondoji

While i am waiting for my lawyer to talk to, i would like to know your input.

I am on H1-B and just recently got extension for 3 years.
I and my wife also received all receipts including EAD cards and waiting for AP.

Can i travel?
If iam using H1-B, i need to get it stamped on re-entry right?
I most likely can't travel on AP, as i don't have it.

Should i say to my boss, that i can't travel?

I know, some of my questions are stupid as iam typing it the moment i heard without going over the forums threads for relevant details and also not using my own knowledge base.

Thanks and i highly appreciate your replies.
--sri

you can either get a stamping and come back, or you can also use auto-revalidation (if your trip is for less than 30 days, and you dont get rejected during stamping). Carry all H1 documents with you incuding your new I-94 cards (that you got with the H1/H4 extensions, dont give them to arline while going)

[senk1s]

If you have got the 485 receipt notice - (need to carry the original receipt)

Anycase check with the attorney about the AP - and details as well

We are waiting for 485 receipts to travel to Canada as well !!

[senk1s]

by the time i finished typing you got ur reply !!

[texanmom]

My husband traveled to Canada (Toronto) as a Permanent Resident right after we applied for the 485. he did not have his receipts and he did not have his visa stamped either. He just had a current I-797 notice showing his 3 yr H1B extension.

No problems at the port of entry.

We did get our receipts after he returned...

[srikondoji]

Thank you all for timely responses. Yes, my lawyer quickly gave me a call when i left a VM.

Yes, he did say that there is auto-ravelidation which can be used.

I am back to making my travel plans. Thank you all and see again in 3 days.
--sri

[diptam]

Without stamping the H1B extension ( just with extension I-797 papers) can we really enter from Canada to US ??

Someone was saying that ask them not to take your I94 at exit... But they airlines are supposed to do that. How about travelling out of US by road ?

Thanks

Originally Posted by gc_chahiye

you can either get a stamping and come back, or you can also use auto-revalidation (if your trip is for less than 30 days, and you dont get rejected during stamping). Carry all H1 documents with you incuding your new I-94 cards (that you got with the H1/H4 extensions, dont give them to arline while going)

[brij523]

Do you have Canadian Visa?
You can not enter Canada on H1-B if you are from India or other country that require visa to enter Canada.

Originally Posted by srikondoji

While i am waiting for my lawyer to talk to, i would like to know your input.

I am on H1-B and just recently got extension for 3 years.
I and my wife also received all receipts including EAD cards and waiting for AP.

Can i travel?
If iam using H1-B, i need to get it stamped on re-entry right?
I most likely can't travel on AP, as i don't have it.

Should i say to my boss, that i can't travel?

I know, some of my questions are stupid as iam typing it the moment i heard without going over the forums threads for relevant details and also not using my own knowledge base.

Thanks and i highly appreciate your replies.
--sri

[srikondoji]

Guys, I am not going anywhere now. It could be next week. I just was updated about the sudden change in travel plan.

However, this is what my lawyer said.

Don't surrender your I-94 card and if they insist, tell them that you are planning to re-enter United States within few days.
No matter what happens, don't give your I-94 and if you do, then you have to get your passport stamped on your return.

There is this thing called auto-revalidation which allows one to travel to Canada, Mexico with this rule.

There is absolutely no risk in it.
--sri

[s416504]

Thanks for explanation.
Does 485 pending waives Canada Visa to enter canada? I know H1B person need canadian visa to enter.

Originally Posted by srikondoji

Guys, I am not going anywhere now. It could be next week. I just was updated about the sudden change in travel plan.

However, this is what my lawyer said.

Don't surrender your I-94 card and if they insist, tell them that you are planning to re-enter United States within few days.
No matter what happens, don't give your I-94 and if you do, then you have to get your passport stamped on your return.

There is this thing called auto-revalidation which allows one to travel to Canada, Mexico with this rule.

There is absolutely no risk in it.
--sri

[BMS1]

Unless one has a green card, he needs Canadian Visa. I485 receipt will be of no help without AP. You need to rely on the valid I-94 of H1-B approval for entering. I had driven to Canada on I-94 of H1-B. And they do not take the I-94 but stamp your passport. That is an exception for Canada and Mexico.

[gc_chahiye]

Originally Posted by diptam

Without stamping the H1B extension ( just with extension I-797 papers) can we really enter from Canada to US ??

Someone was saying that ask them not to take your I94 at exit... But they airlines are supposed to do that. How about travelling out of US by road ?

Thanks

see srikondoji;s post later in this thread. You need to ask the Airline to leave your i-94 in place. As long as you have an unexpired I-94, your stay is less than 30 days, and you dont try to get stamping in Canada, and you are not from one of the countries listed as sponsors of terrorism, you CAN come back to the US with your older I-94.

[optimystic]

An interesting situation is what if the I-94 has already expired...I know you get a new I-94 equivalent card in your I-797 approval notice that you should cut and staple with your original I-94. But do the officers at POE when returning back to US from canada, accept that as a valid I-94 for reentry without the H1B Visa stamp?

And I am sure about the requirement of Canadaian Visa for H1B people to enter into Canda. We did this last year, and we travelled by Road. But we got our H1B Stamp renewed at US consulate in Canada. But I do have to note here that, at the POE the officers were more keen in looking/verifying the I-94 than the new H1B Visa stamp . And my original I-94 was still valid (couple of weeks left).

[optimystic]

Also, one more interesting fact, is that when you are exiting US via Road, (we drove into Vancouver), there is no US Border post on the direction of US->Canada ! Only Candian Post...So no one to collect I-94 when leaving US via Road ! The canadian post guys were not interested in looking/taking the I-94 at all ( and obviously so!) . They were just verifying our Canadian Visa.