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Finalize landing formalities in Canada and return to US with a valid H1B

abhinav92

Member
Jul 7, 2020
11
2
Hi

I am currently in the US on a valid H1B visa that is supposed to expire in 2022. I have a COPR that is expiring in last week of August, my wife is a PR and that is how I got a PR. I had thought of extending my landing plans by using the web form due to current border closures and immigration ban imposed by Trump. But after speaking to several people and immigration lawyers, I decided it is best not to defer the landing as we do not know how the embassy will function once they start to open the offices. I am taking the leap of faith and flying to Canada a week from now. My wife will stay in the US on H4. As a mandatory requirement, I will be quarantining myself for 14 days and will be flying back to the US to resume my job. Here are my concerns:

1. Apart from the address of the location where I will be staying, do I need to provide any other information/document to the border patrol officer once I arrive in Canada? I will be staying with my cousin.

2. Would it be a problem for my wife to stay on H4 in US while I am in Canada? She does not plan to leave the US.

3. Would I face any problems when I try to re-enter the US using my valid H1B visa stamp, i-797 original document and employment letter? Do I need anything else? I work for a software firm, not sure if that counts as "essential".

4. Has anyone faced a similar situation? Please share your experience.

Thank you so much in advance.
 
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Jul 6, 2020
4
1
1. They are going to ask you details about your stay arrangements and how you are going to self isolate. They will ask for a phone number on which they can reach you.
2. I don't see why it would be a problem for your wife to stay.
3. If you have a valid H1B visa stamp should be no issue. We completed our landing and returned back to US recently with valid visa stamps. Nothing else was asked by the CBP agent.
4. We recently did our landing through air, port of entry Vancouver. Just be cautious about Covid, I think I might have gotten it in transit. Thankfully I didn't get sick in Canada. I am at home and can self isolate here now.
 

nipsey

Full Member
Feb 11, 2020
44
2
Hi

I am currently in the US on a valid H1B visa that is supposed to expire in 2022. I have a COPR that is expiring in last week of August, my wife is a PR and that is how I got a PR. I had thought of extending my landing plans by using the web form due to current border closures and immigration ban imposed by Trump. But after speaking to several people and immigration lawyers, I decided it is best not to defer the landing as we do not know how the embassy will function once they start to open the offices. I am taking the leap of faith and flying to Canada a week from now. My wife will stay in the US on H4. As a mandatory requirement, I will be quarantining myself for 14 days and will be flying back to the US to resume my job. Here are my concerns:

1. Apart from the address of the location where I will be staying, do I need to provide any other information/document to the border patrol officer once I arrive in Canada? I will be staying with my cousin.

2. Would it be a problem for my wife to stay on H4 in US while I am in Canada? She does not plan to leave the US.

3. Would I face any problems when I try to re-enter the US using my valid H1B visa stamp, i-797 original document and employment letter? Do I need anything else? I work for a software firm, not sure if that counts as "essential".

4. Has anyone faced a similar situation? Please share your experience.

Thank you so much in advance.
1. Goods accompanied and to be followed list, all kinds of landing documents, whatever they ask
2. No
3. No
 

primaprime

VIP Member
Apr 6, 2019
3,386
884
1. You need to bring all the normal documents needed when landing, but for the purposes of the Quarantine Act I believe you just need to provide an address and phone number, which they will likely follow up on to make sure you're abiding by it.

2. Maybe not, because she's already landed, but PRs are only allowed to sponsor their spouse if they're living in Canada, and presumably she attested to this fact during the application process. You don't want to be accused of misrepresentation.

3. That's up to US CBP. I'm sure you're aware how rude and arbitrary they can be.
 

abhinav92

Member
Jul 7, 2020
11
2
1. They are going to ask you details about your stay arrangements and how you are going to self isolate. They will ask for a phone number on which they can reach you.
2. I don't see why it would be a problem for your wife to stay.
3. If you have a valid H1B visa stamp should be no issue. We completed our landing and returned back to US recently with valid visa stamps. Nothing else was asked by the CBP agent.
4. We recently did our landing through air, port of entry Vancouver. Just be cautious about Covid, I think I might have gotten it in transit. Thankfully I didn't get sick in Canada. I am at home and can self isolate here now.
Oh man! Take care, hope you feel better soon. Thanks a lot for sharing your experience. Is it okay if I give my US number to them? Since it is T-Mobile, it has free roaming.
 

abhinav92

Member
Jul 7, 2020
11
2
1. You need to bring all the normal documents needed when landing, but for the purposes of the Quarantine Act I believe you just need to provide an address and phone number, which they will likely follow up on to make sure you're abiding by it.

2. Maybe not, because she's already landed, but PRs are only allowed to sponsor their spouse if they're living in Canada, and presumably she attested to this fact during the application process. You don't want to be accused of misrepresentation.

3. That's up to US CBP. I'm sure you're aware how rude and arbitrary they can be.
Thank you!

Well when she sponsored me, she was in Canada. My application was approved last year. We moved to the US in last December only after I got my COPR and passport back from the canadian embassy in India. My cousin is a PR too, I will be staying at his place.
 

abhinav92

Member
Jul 7, 2020
11
2
1. Goods accompanied and to be followed list, all kinds of landing documents, whatever they ask
2. No
3. No
Thank you!
Landing documents that I am bringing with me is COPR, Passport, Job verification letter, paystubs, bank account statements to show funds. Is there anything else?
 

primaprime

VIP Member
Apr 6, 2019
3,386
884
Thank you!

Well when she sponsored me, she was in Canada. My application was approved last year. We moved to the US in last December only after I got my COPR and passport back from the canadian embassy in India. My cousin is a PR too, I will be staying at his place.
Your cousin isn't your sponsor. You might be fine if they don't ask you any questions about her, but you should definitely be prepared to prove she was residing in Canada when she applied to sponsor you.

And of course, both of you should ensure going forward that you meet the residency obligation.
 

canuck78

VIP Member
Jun 18, 2017
59,096
14,671
You actually had to show that you would be moving to Canada to get the PR approved. Because you were living in Canada when you applied you didn’t have to provide the mountain of proof.
 

guca

Star Member
Aug 24, 2018
105
31
Hi

I am currently in the US on a valid H1B visa that is supposed to expire in 2022. I have a COPR that is expiring in last week of August, my wife is a PR and that is how I got a PR. I had thought of extending my landing plans by using the web form due to current border closures and immigration ban imposed by Trump. But after speaking to several people and immigration lawyers, I decided it is best not to defer the landing as we do not know how the embassy will function once they start to open the offices. I am taking the leap of faith and flying to Canada a week from now. My wife will stay in the US on H4. As a mandatory requirement, I will be quarantining myself for 14 days and will be flying back to the US to resume my job. Here are my concerns:

1. Apart from the address of the location where I will be staying, do I need to provide any other information/document to the border patrol officer once I arrive in Canada? I will be staying with my cousin.

2. Would it be a problem for my wife to stay on H4 in US while I am in Canada? She does not plan to leave the US.

3. Would I face any problems when I try to re-enter the US using my valid H1B visa stamp, i-797 original document and employment letter? Do I need anything else? I work for a software firm, not sure if that counts as "essential".

4. Has anyone faced a similar situation? Please share your experience.

Thank you so much in advance.
2. yes, there could be a problem as she sponsored you and she is still in US and you are landing. They could deny you PR, be prepared to answer why she is not in canada and what are your chances of staying in Canada.
 
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