Going to Canada and Coming Back.

[SeemaKrish]

Hi,

I have applied for permanent residence of Canada, I am currently in US on H1B Visa. I have to go to Canada for initial landing and I am planning to come back after a week and work in USA till I have H1 Valid and then permanently go to Canada.

My question is:

Since H1B visa is expired as its dated 2010 (But I have I-797 valid till 2013 end)Do I have to go to US embassy if I want to come back to USA after a week.

For Canadian immigration interview should I fly or drive. I don't have address in Canada, I am planning to stay in hotel. Do Canadian immigration need address in Canada for initial landing.

-Thanks

Nagendra

[pontevecchio]

PLEASE check out "AUTOMATIC VISA REVALIDATION". As regards Canadian Immigration, I have no clue.

[cooldude76]

Yes you need to go to the US embassy go for interview and get your visa stamped on the passport. If they deny due to any reason then you wont be able to come back to US.

You can fly/driver, whichever way is easier to you. staying in hotel is fine.

[SeemaKrish]

I looked at following webpage:

http://travel.state.gov/visa/temp/info/info_1299.html

and

http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/clp/bulletins/auto_reva.ctt/auto_reva.pdf

It says "Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

• Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
  
• Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS."
  

I didnt completly understood this. Does that mean I don't need to go for stamping even though I have expired I-94 because I am going to Canada for only 10 days.

Plz. respond.

[pontevecchio]

As the OP clearly stated she is not going to Canada to get her H1 visa stamped. She can land in Canada and use AVR to return. In fact her question was whether she needed to go to the American consulate for her H1 visa and the answer is NO if she is using AVR.@OP help yourself and read up about AVR.

[pontevecchio]

dO YOU HAVE A VALID i94 OR NOT?