Posted on: 24-01-06 16:48:45
We finally got my PR and SIN card. We are planning to fly Toronto from US for 2 days. I am few questions:
1. Does officer at US airport takes out I94 from passport if flying to Canada and we have ticket confirmation for coming back in 2 days?
2. What does US officer check except Passport and Canadian PR card before boarding plane?
3. What does Canadian officer check at Toronto airport except Passport and Canadian PR card? Do we need to carry our SIN card also?
4. What does Canadian officer will check while boarding plane for USA? I have valid approval notice/I94 and expired H1 visa on passport. I know expired visa with valid approval notice/I94 works when you come back by drive but not sure by plane.
5. What does US officer will check in US? Will he issue new I94? Does valid approval and expired visa work here?
Thanks,
Flying to Toronto with expired H1?
We finally got my PR and SIN card. We are planning to fly Toronto from US for 2 days. I am few questions:
1. Does officer at US airport takes out I94 from passport if flying to Canada and we have ticket confirmation for coming back in 2 days?
-- No by default but just remind him anyway if he wants to take it out not to
2. What does US officer check except Passport and Canadian PR card before boarding plane?
-- nothing else
3. What does Canadian officer check at Toronto airport except Passport and Canadian PR card? Do we need to carry our SIN card also?
-- nothing else
4. What does Canadian officer will check while boarding plane for USA? I have valid approval notice/I94 and expired H1 visa on passport. I know expired visa with valid approval notice/I94 works when you come back by drive but not sure by plane.
-- u should be fine with a valid approval and an expired visa of the same category
5. What does US officer will check in US? Will he issue new I94? Does valid approval and expired visa work here?
-- They may issue you a new white I-94
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We will find a way or we will make one
Quote:
Orginally posted by rahul_singh23
We finally got my PR and SIN card. We are planning to fly Toronto from US for 2 days. I am few questions:
1. Does officer at US airport takes out I94 from passport if flying to Canada and we have ticket confirmation for coming back in 2 days?
2. What does US officer check except Passport and Canadian PR card before boarding plane?
3. What does Canadian officer check at Toronto airport except Passport and Canadian PR card? Do we need to carry our SIN card also?
4. What does Canadian officer will check while boarding plane for USA? I have valid approval notice/I94 and expired H1 visa on passport. I know expired visa with valid approval notice/I94 works when you come back by drive but not sure by plane.
5. What does US officer will check in US? Will he issue new I94? Does valid approval and expired visa work here?
Thanks,
Here are the answers;
1. YES
2. He will only check the validity of your passport, if he is not happy then might ask more questions, otherwise he will not bother. Since you are leaving USA
3. Passport and PR CARD. also migth ask questitons
on your stay period and blah blah blah.. . (to determine your PR status)
4. Canadian officer will just ask and check Passport and might ask for US visa.
BUT >>>>>
US officer at Point of entry will NOT let you in.
"Passport is a Travel Document and must contain the valid permit for travel and re-entry to USa. in your case your Visa is expired. So you can not travel back to USA.
If you think this information is wrong - PLEASE CONSULT a Lawyer
Many people get confused on this issue.
You must have valid visa on the Passport to enter USA.
Suppose you have changed employers and have a latest I-797 approval at the same time your Visa stamp in Passport is NOT expired, then you can re-enter US even with the Old visa Stamp (of previous employer).
BUT in your case the Visa is expired. So you can not Enter USA.
By the way with New US Entry system even by road they will not allow you with an expired Visa. Please check this as well.
So Plan to get H1 stamped in Canada itself.
no one will check your i-94. the airline is supposed to just take it and had it to the US immigration but they never bothered to take ours. infact we still have ours. the only time you will have problem is when you want to go back to USA you might not get a visa for US. if you overstay your visa here is a ban of 3 to 10 yrs . other than that you have nothing to worry about from US side. just have all your paper work for Canada right .
Thanks for the info. I know by drive nobody care about valid H1 visa. US officer looks only approval notice/I94 and expired H1 visa. I did my landing with expired visa around 2 months back.
I was wondering does the same works in airline also?
Quote:
Orginally posted by rahul_singh23
Thanks for the info. I know by drive nobody care about valid H1 visa. US officer looks only approval notice/I94 and expired H1 visa. I did my landing with expired visa around 2 months back.
I was wondering does the same works in airline also?
hmmm.. Good, so one aspect is clear now.
But check with a lawyer on the travel by flight scenario ? since you will be surrendering your I-94 while leaving.
Automatic revalidation works , just make sure you do not give your I-94 (specially never the one which came with I-797) if your have an expired visa
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We will find a way or we will make one
