H1B travel to USA after completing soft-landing in Canada

[FeelTheBern]

Hi All,

Could you please advise me when I should plan for Canada soft landing from the US given my situation:

• COPR: Valid till Nov 2022
• L1 visa stamp: Valid till Jun 2022
• I-94 on I-797 (approved L1 extension): Valid till Jun 2024

I have two options:

1. Soft landing before the L1 visa stamp gets expired (i.e. by Jun 2022). In that case, while re-entering the US, will CBP issue a new I-94 matching the end date of paper I-94 on I-797 (i.e. Jun 2024)? Or, they might issue an I-94 valid only till the visa stamp expiry date (i.e. Jun 2022)?
2. Use AVR (automatic visa revalidation) after the visa stamp gets expired (i.e. post Jun 2022) as I have a valid I-797 and I-94 till Jun 2024. Is there any risk with this route?

Please let me know which option seems better and if there's a clear CBP guideline for issuing I-94s in case of Option 1.

Appreciate your inputs!

 

[harirajmohan]

Hi All,

Could you please advise me when I should plan for Canada soft landing from the US given my situation:

• COPR: Valid till Nov 2022
• L1 visa stamp: Valid till Jun 2022
• I-94 on I-797 (approved L1 extension): Valid till Jun 2024

I have two options:

1. Soft landing before the L1 visa stamp gets expired (i.e. by Jun 2022). In that case, while re-entering the US, will CBP issue a new I-94 matching the end date of paper I-94 on I-797 (i.e. Jun 2024)? Or, they might issue an I-94 valid only till the visa stamp expiry date (i.e. Jun 2022)?
2. Use AVR (automatic visa revalidation) after the visa stamp gets expired (i.e. post Jun 2022) as I have a valid I-797 and I-94 till Jun 2024. Is there any risk with this route?

Please let me know which option seems better and if there's a clear CBP guideline for issuing I-94s in case of Option 1.

Appreciate your inputs!

AVR happens only when one doesnt have valid visa while on valid I94. So i think that there is no difference in when you travel as per experience on H1. Just check with your company's immigration team on the month you should travel before you decide.
I would prefer to travel while on valid visa.

When you reenter after Canada trip, CBP can issue new I94 whether you have valid visa or not, even when you have valid I94 before you departed US to Canada.

 

[FeelTheBern]

AVR happens only when one doesnt have valid visa while on valid I94. So i think that there is no difference in when you travel as per experience on H1. Just check with your company's immigration team on the month you should travel before you decide.
I would prefer to travel while on valid visa.

When you reenter after Canada trip, CBP can issue new I94 whether you have valid visa or not, even when you have valid I94 before you departed US to Canada.

Thanks a lot @harirajmohan for your inputs!
My worry is that when CBP issues a new I-94 if I’m having valid visa (which is on the verge of expiry), would they match the end date with the paper I-94 (on I-797) i.e. June 2024? Or, is there a possibility that their new I-94 would be only till the visa expiry date (i.e. June 2022)? In case of the latter, not sure if the new I-94 would decide my status instead of the paper I-94 issued with approved I-797?

 

[harirajmohan]

Thanks a lot Hari for your inputs! My worry is that when CBP issues a new I-94 if I’m having valid visa (which is on the verge of expiry), would they match the end date with the paper I-94 (on I-797) i.e. June 2024? Or, is there a possibility that their new I-94 would be only till the visa expiry date (i.e. June 2022)? In case of the latter, not sure if the new I-94 would decide my status instead of the paper I-94 issued with approved I-797?

When you get new I94, thats your latest I94 for you. So you can staple it in your passport on top of existing one. While crossing they can see the new one and will let you go(or issue a new one based on new I797). I dont see an issue.

Take your new I797 and old one. When asked to present then show the new one on top of the old one to make sure they review the new one.
When they pull the list of I94, they will anyway know about the new one issues by uscis. I dont see a problem.

 

[Akki9172]

Hi All,

Could you please advise me when I should plan for Canada soft landing from the US given my situation:

• COPR: Valid till Nov 2022
• L1 visa stamp: Valid till Jun 2022
• I-94 on I-797 (approved L1 extension): Valid till Jun 2024

I have two options:

1. Soft landing before the L1 visa stamp gets expired (i.e. by Jun 2022). In that case, while re-entering the US, will CBP issue a new I-94 matching the end date of paper I-94 on I-797 (i.e. Jun 2024)? Or, they might issue an I-94 valid only till the visa stamp expiry date (i.e. Jun 2022)?
2. Use AVR (automatic visa revalidation) after the visa stamp gets expired (i.e. post Jun 2022) as I have a valid I-797 and I-94 till Jun 2024. Is there any risk with this route?

Please let me know which option seems better and if there's a clear CBP guideline for issuing I-94s in case of Option 1.

Appreciate your inputs!

Your case is straightforward. I guess you might be interested to complete landing later, that can give you more time to move to Canada.
1) Depending on the state you living in USA, if you want to do early and you are near border state, just drive up there and re-enter USA on same day, it is a very simple process. Most probably they will issue I-94 matching your I-797, even if they issue till your Visa its all okay, you can be in USA until you have a valid I-94, in this case I-797 I94.

2) I have used AVR twice (by land and by air both), have not faced any issue. If you going by land most probably they will cut I-94 from your I-797 and staple in Passport. I will say if you want to have maximum time in USA, then use AVR option as when you do landing process, your canadian PR Card will be applied and from that time 5 years count will be started.

 

[AjayKalra]

Hi All,

I have both COPR and L1 Visa (Recently issued in India, not landed in USA till now) -- Assignment start date is next month.

As far as I can see, I have 2 options : I can go to Canada for 2-3 days and then move to US for first entry as L1 : Is there any problem in this? Entry in Canada should be smooth, any problems at US CBP while transiting from Canada?

OR

I can go to USA and then one weekend do soft landing via car at a Canadian border. However, that means I would be exiting US and then reentering. Is this also OK?

 

[Akki9172]

Hi All,

I have both COPR and L1 Visa (Recently issued in India, not landed in USA till now) -- Assignment start date is next month.

As far as I can see, I have 2 options : I can go to Canada for 2-3 days and then move to US for first entry as L1 : Is there any problem in this? Entry in Canada should be smooth, any problems at US CBP while transiting from Canada?

OR

I can go to USA and then one weekend do soft landing via car at a Canadian border. However, that means I would be exiting US and then reentering. Is this also OK?

Both the options are perfectly fine. You should not have any issues in anyone. If you enter from Canada after 2-3 days you are not having transition, it's just you are entering from Canada. Personally I would go for first option if you have a place or friends to stay in Canada otherwise go to USA maybe just after a week or couple of weeks do soft landing via car as via car you can just do soft landing and make a U-turn.

 

[harirajmohan]

Hi All,

I have both COPR and L1 Visa (Recently issued in India, not landed in USA till now) -- Assignment start date is next month.

As far as I can see, I have 2 options : I can go to Canada for 2-3 days and then move to US for first entry as L1 : Is there any problem in this? Entry in Canada should be smooth, any problems at US CBP while transiting from Canada?

OR

I can go to USA and then one weekend do soft landing via car at a Canadian border. However, that means I would be exiting US and then reentering. Is this also OK?

It depends on when you want to move to Canada. If you are not going to move soon or dont have plan yet then you should do landing in Canada during the last week of COPR expiry so that the PR residency obligation clock starts little late.

 

[saurabhjainjs]

I got the COPR recently and I am thinking of doing a soft landing. I am currently in the United States and planning to fly to Toronto next month. I would really appreciate if anyone who did the same can share their recent experience. How long does it take to complete the PR process at the airport?

 

[FeelTheBern]

A few queries regarding soft landing by air:

1. Destination city in my COPR is Toronto. Can I still fly to another city (such as Calgary / Vancouver) for soft landing?
2. Is it compulsory to carry the GTC / GTF list or apply for SIN during soft landing?
3. Do I need to carry CAD if I travel from the US? Or, the US credit / debit cards work fine in Canada?
4. Do we need COVID antigen test results for flying to Canada or only for the return journey to the US?
5. Please share the document checklist for US-Canada and Canada-US flights (if anyone has traveled recently)

 

[matteosc]

A few queries regarding soft landing by air:

1. Destination city in my COPR is Toronto. Can I still fly to another city (such as Calgary / Vancouver) for soft landing?
2. Is it compulsory to carry the GTC / GTF list or apply for SIN during soft landing?
3. Do I need to carry CAD if I travel from the US? Or, the US credit / debit cards work fine in Canada?
4. Do we need COVID antigen test results for flying to Canada or only for the return journey to the US?
5. Please share the document checklist for US-Canada and Canada-US flights (if anyone has traveled recently)

Hi, to answer to your questions:

1. In general you can land whenever you want, as long as it is outside Quebec. That said it depends on the stream you are in: if you are in a PNP stream you should really land in the province that selected you, or at least show that you have plans to settle there.
2. It is a good idea to have the Accompanying Goods / Goods to follow lists with you. Since you are not settling permanently at this time (soft landing), they may process them later on, but it will depend on the border officer If you are asked to submit the lists at your landing and "miss" your opportunity you may not be able to import your belongings without paying taxes. For the SIN it is not mandatory, but it is often required to open bank accounts, applying for jobs and even renting an apartment sometimes (even though it is not strictly legal...). If you are landing at a convenient time I would apply for it: it takes few minutes.
3. US credit cards are working well in Canada, no need to carry CAD. Debit card may have high fees, but that depends on your US bank. I personally used an US credit card for months with no issues and I only needed cash for bagels, which is not that much....
4. No COVID test for flying into Canada, but you currently need one to fly back into US. These rules may change quickly, try to Google it to be sure. You also need to use the ArriveCAN app before flying into Canada. Not a big deal, just make sure to do it.
5. To get into Canada you just need your passport (with the Canadian Visa if it applies to you) and the CoPR, plus eventually the proof of funding (bank statement, etc). To get back into US it depends on your status: assuming that you are H1B (given the thread title...) you need passport with H1B visa and the I-797 form and/or I-94. They do not always ask for it, but you must have it with you if they do.

Hope I did not forget anything. Have a safe trip!

 

[FeelTheBern]

Hi, to answer to your questions:

1. In general you can land whenever you want, as long as it is outside Quebec. That said it depends on the stream you are in: if you are in a PNP stream you should really land in the province that selected you, or at least show that you have plans to settle there.
2. It is a good idea to have the Accompanying Goods / Goods to follow lists with you. Since you are not settling permanently at this time (soft landing), they may process them later on, but it will depend on the border officer If you are asked to submit the lists at your landing and "miss" your opportunity you may not be able to import your belongings without paying taxes. For the SIN it is not mandatory, but it is often required to open bank accounts, applying for jobs and even renting an apartment sometimes (even though it is not strictly legal...). If you are landing at a convenient time I would apply for it: it takes few minutes.
3. US credit cards are working well in Canada, no need to carry CAD. Debit card may have high fees, but that depends on your US bank. I personally used an US credit card for months with no issues and I only needed cash for bagels, which is not that much....
4. No COVID test for flying into Canada, but you currently need one to fly back into US. These rules may change quickly, try to Google it to be sure. You also need to use the ArriveCAN app before flying into Canada. Not a big deal, just make sure to do it.
5. To get into Canada you just need your passport (with the Canadian Visa if it applies to you) and the CoPR, plus eventually the proof of funding (bank statement, etc). To get back into US it depends on your status: assuming that you are H1B (given the thread title...) you need passport with H1B visa and the I-797 form and/or I-94. They do not always ask for it, but you must have it with you if they do.

Hope I did not forget anything. Have a safe trip!

Thanks a lot for such a detailed response! @matteosc

I’m from FSW category, so I guess there’s no restriction for me to land anywhere in Canada (except Quebec). Also, as I’m on L1 visa, I’ll carry the same set of documents for returning to the US: passport, visa, I-797A (which has a paper I-94). Let me know if anything else is needed.

 

[matteosc]

Thanks a lot for such a detailed response! @matteosc

I’m from FSW category, so I guess there’s no restriction for me to land anywhere in Canada (except Quebec). Also, as I’m on L1 visa, I’ll carry the same set of documents for returning to the US: passport, visa, I-797A (which has a paper I-94). Let me know if anything else is needed.

I think that is all you need.
Anyone else, if you have any suggestion, please contribute.

 

[FeelTheBern]

I completed my PR soft landing in Canada and returned to the US using AVR. Have posted my AVR experience here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/automatic-visa-revalidation-avr-to-enter-usa.604996/post-10144492

Hope it is useful for future applicants!