Help! U.S. H-1B worker no valid I-797 needs to land Canada

[sunflower2017]

My situation is quite urgent. I'd much appreciate any insights or propose solution.

I am working on an H-1B visa in the U.S. I don't have a valid VISA and I-94 to return U.S, but I am concerned that CIC will give me a really short CORP period to land, which will make me unable return to the U.S.

Current situation on PR
Applied PR via EE stream, and received Passport Request Letter on 02/22/2019. I mailed my passport today 02/23/2019 to Ottawa office.

How long would be my COPR validity? One month?
I took the Medical Examination in last year 03/24/2018; AOR 05/13/2018. Due to I was requested to re-submit documents by CIC two times from then till now, I just got my PPR. Based on what I've read online, CIC will issue COPR with a validity of one year after the Medical Exam date - so, for my case, my CORP will be only valid till next month 03/24/2019. Is this correct?

My H-1B situation
I don't have a VISA to return U.S. and my H-1B renewal is pending. My H-1B stamp and I-94 are both expired on 02/05/2019. My employer filed an H-1B extension for me, but due to there was an amendment on my H-1B case, we couldn't expedite it but only can wait. According to the current timeline, USCIS may take 6 months to approve an H-1B extension. Now I only have the case receipt from USCIS in hand.


Asking for help:
- Is it possible to have CIC extend my COPR period?
- Can I drive to Canada and return to U.S. for a soft land only with the receipt, but no valid I-94?
- What else can I do? I don't want my PR application to start from the scratch...


Thank you so much!

 

[schilz]

Without a valid I-94 or travel document your options are very limited.

"Can I drive to Canada and return to U.S. only with the receipt, but no valid I-94?" -> No, you wouldn't be able to enter or seek automatic revalidation.

I think you are panicking, relax. I doubt your COPR would be valid only for less than a month, officers can extend medicals at their discretion beyond their 1-year validity and unless you had an issue in your medical exam, most likely this would be the case for you.

In the rare case that your COPR is only valid until March whenever they issue it, you can send a CSE to explain the situation and include proof (H1B case receipt) and work with them that way.

As a random note: for amendments of i-797s I've seen USCIS take 3 to 4 months (this was a couple years ago).

 

[cansha]

- Is it possible to have CIC extend my COPR period?

IRCC may extend your COPR period themselves. If they don't then options are limited. They send a document when they return your passport and COPR and that document states clearly that validity of COPR can't be extended. You can try but I don't know if they will consider.

- Can I drive to Canada and return to U.S. for a soft land only with the receipt, but no valid I-94?

No

- What else can I do? I don't want my PR application to start from the scratch...

Your options are limited. Don't want to alarm you but you need to plan for a scenario where they don't give you an extended COPR and refuse to extend the validity.

 

[sunflower2017]

Without a valid I-94 or travel document your options are very limited.

"Can I drive to Canada and return to U.S. only with the receipt, but no valid I-94?" -> No, you wouldn't be able to enter or seek automatic revalidation.

I think you are panicking, relax. I doubt your COPR would be valid only for less than a month, officers can extend medicals at their discretion beyond their 1-year validity and unless you had an issue in your medical exam, most likely this would be the case for you.

In the rare case that your COPR is only valid until March whenever they issue it, you can send a CSE to explain the situation and include proof (H1B case receipt) and work with them that way.

As a random note: for amendments of i-797s I've seen USCIS take 3 to 4 months (this was a couple years ago).

Thank you for your answer and help! I feel I'm still panicking after reading the second comment which recommending me to really plan for the scenario they don't extend my PoCR... I have sent a CSE yesterday with my receipt attached, although my passport was mailed out to them already. Will see if they could treat my case more softly. Really appreciate your suggestion!

 

[ajj123]

hi @sunflower2017
My husband and I are in similar situation. Our meds expire april 2nd. We still have to send our passports for COPR. but not sure what will be the COPR visa validity.
Appreciate if you can keep us posted once you get your COPR visa validity.
Will pray you get one year atleast for your COPR !

 

[sunflower2017]

Hi All，

Want to update my situation FYI.

I wrote a long letter to IRCC (both via WebForm and email) explaining my situation with my H-1B receipt and other supporting documents attached. They responded quickly in only one business day, updating to me that my Med has been automatically extended for a year, which allows me to have sufficient time to prepare the landing. IRCC officers have been very understanding and helpful on my case, and I much appreciate their kindness. They actually made me love Canada more! : )

Thank you everyone's help on here as well. Good luck to you all.

 

[sunflower2017]

Without a valid I-94 or travel document your options are very limited.

"Can I drive to Canada and return to U.S. only with the receipt, but no valid I-94?" -> No, you wouldn't be able to enter or seek automatic revalidation.

I think you are panicking, relax. I doubt your COPR would be valid only for less than a month, officers can extend medicals at their discretion beyond their 1-year validity and unless you had an issue in your medical exam, most likely this would be the case for you.

In the rare case that your COPR is only valid until March whenever they issue it, you can send a CSE to explain the situation and include proof (H1B case receipt) and work with them that way.

As a random note: for amendments of i-797s I've seen USCIS take 3 to 4 months (this was a couple years ago).

Thank you so much for your previous help and suggestions on my case! My med has been extended for a year.
Wish you all the best as well : )

 

[sunflower2017]

hi @sunflower2017
My husband and I are in similar situation. Our meds expire april 2nd. We still have to send our passports for COPR. but not sure what will be the COPR visa validity.
Appreciate if you can keep us posted once you get your COPR visa validity.
Will pray you get one year atleast for your COPR !

Thank you! Updated my case - see my comment above.
Good luck to you too!