Canada PR soft landing and H1B visa

[movecanada2019]

Hey guys!

I just have few questions related to this forum and would appreciate any advice. My wife and I received CoPR earlier this month. We are planning to travel to Canada this November for completing soft landing from US. Also, she would like to get her first H1B visa stamped on the same trip.

While scheduling her visa appointment, there is a question " Are you traveling from another country to apply for a U.S. visa in Canada?"
If we respond 'YES' then there are no appointments available across Canada this year. "NO" response gives us some slots starting October 2019. Small pop up says if you're living in Canada or a Canadian citizen then you can say NO.
We have to enter Canada before December 2019 that's when our immigrant visa expires.

1. Now can we say NO and schedule appointment for November and show CoPR as proof of residence during the interview?
Technically we will have CoPR confirmation at the time of H1 interview but not the PR card or any other residence proof.
2. How many days of stay we should plan for PR and H1 visa appointment to Passport collection?
3. Her passport expires in May 2020. Shall we renew it before going for visa appointment in November 2019?
4. Lets say if it doesn't work out with H1B stamping, can she return on H4 stamped visa (valid until 2021) to the US after soft landing?
From what I know, she will automatically switch to H1 status from H4 starting October' 2019.

Thank you in advance. We will really appreciate the inputs.

 

[lampbreaker]

She doesn't have to apply for a Visa. She can return to US in H1B status using AVR.

If she does apply for a Visa.
1. She can apply as a resident. NO is fine.
2. A week, potentially more if there is a 221g or some delay.
3. Not needed for the purpose of Visa or travel. But it is a good idea to renew it. It is pretty quick these days.
4. She cannot use AVR once she applies for a Visa. If Visa is denied, she can return using the H4 visa (unless the officer decides to cancel that as well). But note that her status will become H4 and she will not be able to work unless she has H4 EAD.

The best course of action is to first renew her passport and then don't bother with Visa application at all. You should just use AVR. Apply for Visa later in your home country whenever you go.

 

[movecanada2019]

Thank you @Iampbreaker !!

Appreciate your prompt response. Considering the scenario, I would just like to follow up on your inputs.

1. Now during the interview if officer asks, can she show CoPR as proof of residence? Proof of residence seems to be part of interview checklist for people who answered NO to this question.

3. If we renew the passport and now we are scheduling appointment with old passport number, do we have to update or create new DS160 form once again after getting the new passport and before going for the interview?

4. She's currently working on H4 EAD and has her H4 visa stamped until 2021. Let's say if we don't go for visa stamping, can she show H1B 797 approval and H4 stamped visa to enter US? Basically, can we use AVR for different class of visas?

* Since we are planning to move to Canada permanently at the start of 2020, we would like to complete her H1 visa stamping formalities before on the same trip to Canada, if possible. There won't be much time to make separate trips to home country for stamping.

5. I'm not sure if there's any benefit of getting H1B stamping done considering she already H4 visa stamped??

Our idea is to ensure that if we decide to come back to US in future, she can get visa transferred easily since her last status in US should be H1B.

Thank you!

 

[lampbreaker]

Thank you @Iampbreaker !!

Appreciate your prompt response. Considering the scenario, I would just like to follow up on your inputs.

1. Now during the interview if officer asks, can she show CoPR as proof of residence? Proof of residence seems to be part of interview checklist for people who answered NO to this question.

3. If we renew the passport and now we are scheduling appointment with old passport number, do we have to update or create new DS160 form once again after getting the new passport and before going for the interview?

4. She's currently working on H4 EAD and has her H4 visa stamped until 2021. Let's say if we don't go for visa stamping, can she show H1B 797 approval and H4 stamped visa to enter US? Basically, can we use AVR for different class of visas?

* Since we are planning to move to Canada permanently at the start of 2020, we would like to complete her H1 visa stamping formalities before on the same trip to Canada, if possible. There won't be much time to make separate trips to home country for stamping.

5. I'm not sure if there's any benefit of getting H1B stamping done considering she already H4 visa stamped??

Our idea is to ensure that if we decide to come back to US in future, she can get visa transferred easily since her last status in US should be H1B.

Thank you!

1. Yes
3. You should fill the DS160 after renewing the passport. It may be possible to change the DS 160 associated with the appointment by calling the scheduling agency/consulate.
4. Yes, AVR woks after change of status also. She is not required to have an H1B Visa at all. She can get it whenever she needs it.
5. No benefit other than ability to travel to other countries and return to US. H4 Visa is irrelevant.

Getting future cap-exempt H1B petitions is not related to having H1B Visa in passport.

 

[movecanada2019]

Thank you so much. I've got a fair idea of things here.

Just quick questions regarding soft landing. I'm planning to land either in Toronto or Vancouver (preferred).

1. It seems like at Vancouver airport, they don't stamp Goods to Follow if they know we are going back to US, however, that's not the case in Toronto. Is that true?
2. How will it go with waiving duties on my stuff (if I don't have goods to follow form stamped) when I make the permanent move early next year?
3. I'm planning to hire movers and giving them the goods to follow list, will that get complicated?
4. Is there a need to tell the officers at the airport that I'll be leaving in a week and then returning again in few months? Not sure there's a term settler used in a form I'm hearing across the forum.

*To proceed further, selection of city is significant since I have to chose location of visa appointment with POE for soft landing and book flights accordingly.


Appreciate all your support. Thank you!