Posted on: 27-05-04 21:46:30
Hi Everybody. I am in a tough situation. I just received a letter from CHC asking me to pay my and my wife's Right-of-Landing Fee. I recently changed jobs in USA, and my new employer applied for my H1B transfer. I got my Receipt Notice from the INS, and just a week ago INS sent a letter requesting additional documents from my employer. So, to sum it up, I do not have a valid H1B in my hands (just a receipt notice from INS), and I am expecting my Landing Papers for Canada to arrive soon. Now that you know my story, Please see if you can answer my questions below:
1. How soon should I expect my Landing Papers to arrive?
2. When i get my papers, will I get any time interval to prepare and sell my stuff to move to Canada?
3. Do I have the option of postponing the Landing requirement to a future date? Note: I do not have a job waiting for me in Canada.
4. Is it possible for me to let my wife stay in USA while I go and look for a job in Canada? Is that going to affect my wife's PR case badly?
5. Once I go, can I return to USA to wind-up my affairs, considering that my H1 visa stamp in the passport has expired. Can I show my receipt notice and come to USA?
OR would a letter from my employer saying that they require me to come back to USA going to help me?
SOMEONE PLEASE, PLEASE, PLEASE GIVE M GOOD ADVICE. I AM IN NEED OF HELP.
Thanks in anticipation.
Aseem Mal.
Hi,
I too have landed in a similar situation the only difference being that I had received my approval. Lemme try to answer some of your questions to my best effort. My answers are going to be in uppercases.
Currently in US, H1B in processing, Received Landing Papers
Hi Everybody. I am in a tough situation. I just received a letter from CHC asking me to pay my and my wife's Right-of-Landing Fee. I recently changed jobs in USA, and my new employer applied for my H1B transfer. I got my Receipt Notice from the INS, and just a week ago INS sent a letter requesting additional documents from my employer. So, to sum it up, I do not have a valid H1B in my hands (just a receipt notice from INS), and I am expecting my Landing Papers for Canada to arrive soon. Now that you know my story, Please see if you can answer my questions below:
1. How soon should I expect my Landing Papers to arrive?
IT TOOK AROUND 20/25 DAYS FOR THE LANDING PAPERS TO ARRIVE FROM THE BUFFALO CONSULATE.
2. When i get my papers, will I get any time interval to prepare and sell my stuff to move to Canada?
THE LANDING PAPER USUALLY GIVES A START AND END PERIOD OF VALIDITY. OTHERWISE A SIMPLE MATH WOULD BE A PERIOD OF 1 YR FROM THE DATE YOU GOT YOUR MEDICALS DONE. SO IF YOUR LANDING PAPERS REACH YOU ON JAN 01 AND YOU HAD SUBMITTED YOUR MEDICALS AROUND JUNE/JULY OF THE EARLIER YEAR, YOU WILL GET A VALIDITY OF LANDING PAPER ENDING ON 30TH JUNE OF THE SAME YEAR.
3. Do I have the option of postponing the Landing requirement to a future date? Note: I do not have a job waiting for me in Canada.
VERY FEW PEOPLE HAVE A JOB WAITING FOR THEM IN CANADA . YOU HAVE TO LAND WITHING THE PERIOD MENTIONED IN THE DOCUMENT.
4. Is it possible for me to let my wife stay in USA while I go and look for a job in Canada? Is that going to affect my wife's PR case badly?
I DONT KNOW IF YOU HAD MENTIONED A FAMILY LANDING OR YOU LANDING FIRST AND THEN THEM FOLLOWING YOU. BASED ON THAT YOU WOULD HAVE TO STICK TO WHAT YOU HAD MENTIONED OR PAID FOR AS RIGHT OF LANDING FEES.
5. Once I go, can I return to USA to wind-up my affairs, considering that my H1 visa stamp in the passport has expired. Can I show my receipt notice and come to USA?
DRIVE DOWN IN YOUR OWN CAR AND CROSS THE BORDER THRU LAND.
IT IS NOT ADVISABLE TO MENTION TO THE IMMIGN. OFFICER THAT YOU INTEND TO GO BACK TO WIND UP ETC. THIS IS OF COUSE MY PERSONAL SUGGESTION, YOU MAY WANT TO DECIDE FROM FURTHER READING AND OTHER SUGGESTIONS AS WELL.
THE H1 NOTICE DOESNT HELP. YOU NEED TO AHVE TO THE ACTUAL I797 APPROVAL SO THAT YOU COULD ATTEMPT STAMPING IN THE US CONSULATE IN TORONTO/OTTAWA.
OR would a letter from my employer saying that they require me to come back to USA going to help me?
NO PLEASE DONT DO THAT. YOUR EMPLOYMENT IN THE US AND YOUR IMMIGRATION ARE TWO DIFFERENT ISSUES. A LETTER MAY CREATE A CLIMAX OR AN ANTI CLIMAX KIND OF SITUATION. THE IMMIGN. OFFICER IS MORE CONCERNED IN CHECKING YOUR PROOF OF FUNDS AND CUSTOMS PAPERS THAN IN KNOWING YOUR SITUATION AND IF HE FEELS THAT YOU WANT TO RETURN TO US IMMDTLY. MIGHT ALSO SUGGEST GETTING YOUR PR CARD APPLICATION DONE THE NEXT TIME YOU ENTER IN. I HAVE READ SOME POSTS OF SOMEBODY TRYING TO CROSS THRU THE WINDSOR DETROIT BORDER AND BEING TOLD THAT HIS PR APPLICATION WILL BE DONE LATER DURING THE SECOND TIME HE ENTERS AFTER 'WINDING UP' .
HOPE I HAVE ANSWERED TO SOME EXTENT. I WAS IN A SIMILAR SITUATION SO I HAVE GONE THRU THAT, TAKE CARE AND BEST OF LUCK.
REGARDS
SHREE65
Thanks in anticipation.
Aseem Mal.
Thanks Shree65. Your answers are indeed very helping. However, a couple of things. I am sending my "Right of Permanent Residence Fee" tomorrow. Does that mean I should expect my Landing Papers to arrive after 20-25 days? Or are they going to request our Passports first? Also, if that is the case, how far is it from now?
Secondly, If I want my wife to follow me later on for landing purposes, should i then pay only my RPRF Fee or pay for both now itself? I don't see anything in the original application forms that asks if we will come together or seperately. I am going in the skilled worker category and wife as dependent spouse.
And one last thing, (am i being too greedy in asking so many questions?). Will my wife be allowed to work in Canada, as opposed to USA where she is on a H4 visa?
Thanks again,
Aseem.
Hi Aseem,
Quote:
Orginally posted by aseem_mal
Does that mean I should expect my Landing Papers to arrive after 20-25 days? Or are they going to request our Passports first? Also, if that is the case, how far is it from now?
After you have paid the ROPR fees, they will request your passports in about 20 - 25 days time frame.
After you send the passports, you will receive the stamped PR visa alongwith the landing papers in about 2 weeks from when you send the passports.
If you would like it sooner, you can go to Buffalo in-person and get your passports stamped.
It takes about 3 days, so plan to stay overnight in Buffalo for 2 nights (unless you live within driving distance of Buffalo).
Quote:
Secondly, If I want my wife to follow me later on for landing purposes, should i then pay only my RPRF Fee or pay for both now itself?
You should pay for both.
If you don't pay for your wife, it will confuse your case and her visa might be denied.
Also, if your wife is in H-4 status in the US and you leave her behind and come to Canada, you are making her out-of-status in the US.
An H-4 status is a "derivative" status of the H-1, so the moment you leave, she becomes out-of-status.
Quote:
I don't see anything in the original application forms that asks if we will come together or seperately. I am going in the skilled worker category and wife as dependent spouse.
That is true from the Canadian end.
The primary applicant (you) must land first and your wife can land later (before her visa expires, of course).
But she cannot stay in the US alone.
If you can't bring her with you, then she must go back to her home country and wait there till she can join you in Canada - she cannot live in the US alone.
Quote:
And one last thing, (am i being too greedy in asking so many questions?). Will my wife be allowed to work in Canada, as opposed to USA where she is on a H4 visa?
Yes !
Hope this helps.
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"Throw your dreams into space like a kite, and you do not know what it will bring back, a new life, a new friend, a new love, a new country."
Another quick note on your question from the first post:
If you don't have an approved H-1B, don't attempt to go to Canada if you plan to return.
The *only* way you can return to the US if your H-1B stamp has expired is if you have the H-1B approval notice *and* retain your new I-94 when you cross the border.
If you don't plan to return to the US, then it doesn't matter.
When you cross the border, return your old expired I-94 and show the receipt notice (to prove that you are maintaining your status).
Hope this helps.
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"Throw your dreams into space like a kite, and you do not know what it will bring back, a new life, a new friend, a new love, a new country."
Thanks a lot Aparna. However, the reason I want my wife to follow me is that she is completing her education here in US. I don't want her to leave that in between. It will only take a couple of more months to complete it. I undersatand the theory of her being out-of-status, but is that such a big deal considering that she will join me in Canada after that? Am I over-looking some aspect of the matter? I mean I could have gone for a vacation to India, for that matter, does that mean she is out of status?
Your thoughts please.
Quote:
Orginally posted by aseem_mal
I want my wife to follow me is that she is completing her education here in US. I don't want her to leave that in between. It will only take a couple of more months to complete it.
If she is on an F-1 student visa, then there is no problem.
Her status is independent of yours.
But if she is studying on H-4, then her status is still dependent on yours.
Legally, she cannot stay in the US after you leave - she is out-of-status for all intents and purposes.
Whether INS actually tracks people down and sends them back is a rare thing.
It is your choice and your call.
Quote:
I mean I could have gone for a vacation to India, for that matter, does that mean she is out of status?
Vacation is a different matter because you are only temporarily absent with your employer's permission.
Her status (and your status) does not change during such a temporary period as a vacation.
However, when you leave the US job to take-up permanent residency in another country, you are definetely abandoning your US status.
Since her status is based on yours, she will be out-of-status.
Again, it is your call.
There are a couple of alternatives:
1. You take leave from your employer and come to Canada,
Make sure that your employer is still including you in payroll.
Because the moment payroll stops, your H-1B status also ends.
Your employer may or may not agree to such an arrangement - it depends.
2. If the above is not possible, then she should file a Change of Status (539) to convert from H-4 to F-1.
This conversion takes a long time and if she is only a few months away from completing her studies, she can complete her studies and leave the US before INS even starts reviewing her application.
However, keep in mind that if INS rejects her COS, then she will be out-of-status and must leave the US immediately, regardless of how many days/months of her studies remain.
Since COS processing takes a long time now-a-days, it is actually a safe option if she is only a few months away from completing her studies.
But do consult a lawyer just to be sure.
Hope this helps.
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"Throw your dreams into space like a kite, and you do not know what it will bring back, a new life, a new friend, a new love, a new country."
