H1 B Visa stamping in Toronto

[shekhar_a2k]

Hi folks,
I have applied for my Canada PR and recieved the immigration visa with which I am planning to arrive in Toronto in August 2011. Meanwihle my H1 Visa in US has expired, so I need to go for stamping at US consulate in Toronto.
One of the questions asked in the appointment sheet was "Status in Canada"
Among the options available in the list, which one should I pick among the following -
1. Canadian Permanent Resident
2. Visitor in Canada
3. Non Canadian coming from US to apply for US visa.

My dilemma is because once I arrive in Canada with the immigrant visa, I would be issued PR, but at the time of applying I still do not have that status.
can you please advice as to what status should I pick.

Thanks
SRT

 

[wilson]

You can show as Canadian Permanent Resident.

Once you already landed with a copy of your COPR you are a landed Immigrant. There is no need of a waiting time till you get the PR card by mail to show your residency status as a PR unlike a waiting time of 3 months for health card.
If your interview takes place before receiving your PR card, you can show the COPR copy at the US Consulate.
As you have a H1B visa approved, there could not be any problem.

 

[shekhar_a2k]

Thanks Wilson for your response and clear explanation.
One follow up question - even after I am issued the PR, what would be my resident status.

Currently I am working in US with H1 Visa for more than 5 yrs now
My nationality is Indian
And to boot now I get the Canadian PR.

Do I still pick my country of residence as India or Canada?

Thanks
SRT

 

[omm]

you are going to stamping in canada from USA so your current residence is USA.
for more query visit www.immihelp.com forum for h1b and all h visa related query.

OMM

 

[jamesbond]

You don't need to necessarily stamp your passport with a new H1B visa. You can come back with your expired visa on the AVR rule.

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

 

[shekhar_a2k]

Thanks for response - I picked India as my country of residence even though I have been paying taxes here in US for past 5 yrs. Do you think there would be an issue and is there anything I can do - i have alrready submitted my application :-(

thanks
SRT

 

[wilson]

As you are residing in US for more than 12 months your country of residence is USA.

 

[shekhar_a2k]

does it mean any trouble for me Wilson?

 

[wilson]

Hi Shekhar,

You said:

I have applied for my Canada PR and received the immigration visa with which I am planning to arrive in Toronto in August 2011

Therefore , you are going to enter Canada via any port of entry with a Canadian PR Visa. There will not be any problem for your US residency or even you were residing any where else. As you are holding an Indian passport, you are an Indian citizen. Of course at the POE an officer may ask few questions about your whereabouts which is quite normal. That will not be in a negative sense. So don't worry much about this simple thing which is bothering you. Take it easy and relax.

 

[shekhar_a2k]

You have relieved me of so much tension...thanks so much Wilson..appreciate your patience answering back

Thanks
SRT

 

[wilson]

Thanks shekhar.

Welcome to Canada!!!. Cheers.

 

[sparkle]

Hello guys,

I just came across this post. I also recently posted a new one separately regarding the same issue.

My husband is on H1B status in US. We have applied for his immigration in Canada, and we are still waiting for our PPR, which should be coming along soon.
His H1B stamp has expired but he does have a valid I-797 and valid H1B status in US. Does anyone know about the AVR rule and how familiar the border officers are with it ?
Does he need to get the stamping date for Toronto and land then, so that he is able to enter back US safely, or he can use the AVR rule and cross the border ??

shekhar, My husband is also from India. Did you use the AVR rule? Or you got a date for stamping? If you did, how long is the waiting time to get the date?

 

[omm]

for visit canada stamping is not required, all POE (Canada & USA) well known about AVR rules this is not new and even dailly people traveling lots who holds H and L type visa, so dontworry you need valid I797 , I94 , doesnt matter if your H1B stamp is expiered.
stamping is required for those who is going to visit outside USA and Canada like home country and wants to return back from home country.
Shekhar remember some people choose current residence country India instead of USA, in this case visa office might be forward your file to your home country. its depend on visa officer mood, I know this type of cases, and even when you get appointment for interview for H1 & dependents stamping they stricktly inform you if any query or issue than your file will forwarded to your home country visa office.

OMM

 

[sparkle]

So if my husband wants to even travel daily from Canada to US for work (Windsor-Detroit), he can do that without H1 Visa??
Does he need to wait for PR Card before he can travel back and forth ?

 

[immigration1]

So if my husband wants to even travel daily from Canada to US for work (Windsor-Detroit), he can do that without H1 Visa??
Does he need to wait for PR Card before he can travel back and forth ?

No not for daily commute for work its for visit purpose only. once your husband got citizenship of canada and get H1B than he can travel daily for work.
H1B have own rules to maintain H1B status. better to stay in USA during his H1B status (if he want work in the USA).

Prashant