Thanks a lot Tammudu,
I have some more question regarding my visa
Currently I am working under L1 visa for employer A and recently employer B applied for my H1B and INS approved my COS(Change of staus) and also attached another I94( with same number but on my approved H1B) .Now I don't want to join company B and continue work with company A who is holding my L1 visa (Valid till Dec 2003).If I cross USA border and visit Toronto during End November 2003 to collect my Candaian PR card and again return back before my L1 visa expire
(1)Should I handover my current I94 at POE at ask for another I94 on my valid L1 visa(Petion is valid till Oct 2004) during reenetry to USA to discard my H1B approval
(2)If I have a valid L1 petion and valid L1 visa and valid H1B approval petion without stamp and updated I94 on H1B can I ask POE officers to issue I94 on my L1 visa when I reentering USA?
(3)Under this scenario is it better not to accept H1B approval petition from company B so that if POE asked me about my updated I94 on H1B I could tell that I never accpted their offer and not received any document and will handover my I94 on L1 during leaving USA
Will appreciate your feedback
Regards,
Ani

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ani

Let me get straight:

You want to visit Toronto to collect your Canada PR card.
You have L1 visa valid till Dec 03 and L1 petition valid till Oct 04
You have H-1B approval valid till xx/xx/xxxx and you got new I-94
You choose not get H-1B stamp from Toronto consulate.
You choose not to work for Company B who sponsored the H-1B

Questions:
1. What happened to your old I-94? (the one you filled out when you entered the country)
2. Is there any new I-94 for your L1 petition which is valid till Oct 04?

Here are the thing what I woud do:

1. Don't return the I-94 when you enter Canada. The reason: When you return the Canadian folks obviously will ask you the whole story..when you left and where you staying...blah...blah..

2. Get the PR card from Toronto

3. When you return just come on the L-1 visa (which is valid till Dec'03). They should allow you. Once I entered US, my visa was about expire in a week, but I got valid approved H-1B petition.

Don't even mention about H-1B and change of status story...Give answers only if they ask you...

4. As I mentioned below, you can renew your L-1 visa within US. In Dec, sending passport and your L1 petition (valid till Oct 04) and they stamp you new L-1 visa.

Hope this info helps.

Tammudu,
I really appreciate your quick response
Initially I was also thinking about your idea but after discussing with lawyer it seems I won't be able to enter USA under my L1 visa
The problem is L1 to H1B is a Change Of Staus(COS) and not as simple as H1B transfer from Company A to company B.Problem is along with my L1 to H1B change of status approval INS also issued me a fresh I94 on approved H1B(With same number that I currently have on my L1 ) and last I94 supercede any other I94 issued earlier and I94 is actually your status in USA not the visa.So technically my staus in USA now is H1B and and during crossing border POE can easyly check my status and I94 record in their system so even I try to hide H1B matter they'll come to know about it anyway.Also scary part is once my H1B is approved and because it is a change of classification(L1 to H1) my valid L1 visa and L1 petion are void
So rentering in USA is only possible if I can do stamping in Tornto on my approved H1B which could be a painful
To avoid this conflict I am thinking about another alternative and not to travel to collect my PR card.I am posting my query below and will appreciate if you let me know if my thinking is correct(I posted this to another forum but want to know your view also)

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I am a landed immigrant landed in Sept 2001 and within one month move back to USA.I already applied for PR card but won't be able to collect before Dec 31st bacause of my USA visa problem and my current project duration
Q1:Can I safely enter Canada in my own USA plated car even after Dec 31st without PR card showing IMM1000 doc before my 3/5 year absence period expires.My car is admissable in Canada per http://www.riv.ca" rel="nofollow">LINK

Q2:Is there any potential risk at POE if I reenter in June 2004(My 3/5 year absence rule will expire in Oct 2004)in my USA licence plated own car without PR card.During renentry I will be able to show my IMM 1000,SIN,Canadian Bank account info,CIC call letter pick up letter(I can pick up within 6 month after my actual pick up date)

Q3:I know at POE I could be detained for couple of hours and officer will check and calculate my absence but can they technically disallow my entry if I reenter in June 2004(considering I'd not violated any USA/Canadian immigration rule or commited any crime)

I checked CIC website in details and they mentioned PR card is required only for commercial carrier and after Dec 31st Travel doc is needed if you don't have a PR card and need to board into a commercial carrier
So logically you need a Travel Doc to board into a commercial carrier only and after that POE officers will determine one's status by calculating his/her leave of absence .So if you are travelling in your own car from USA you are not carrying a Travel Doc but followed under same calculation process by POE officers
Unfortunately in CIC website the instruction is like

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Can I use my IMM 1000 to travel to the US in my own car?

Yes.
As of December 31, 2003, the PR card will be required to re-enter Canada by commercial carrier (airplane, boat, train or bus). This requirement does not apply if you are travelling by private vehicle. You should contact the US immigration services about their document requirements
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Per this instruction it seems CIC is expecting you to travel from Canada to USA and then reenter into Canada so definately that person will be travelling in his/her canadian licence plated car.
Unfortunately CIC is not talking about tarvel from USA to Canada in a USA licence plated car after Dec 31 showing IMM1000
I Will appreciate if anyone can provide me feed back regarding "tarvel from USA to Canada in a USA licence plated car after Dec 31 showing IMM1000 before one's 3/5 absence expires"
Regards

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ani

I need some time to read and reply. (sometime during weekend)

I am on H1 visa in US and my visa has expired although I have an extension for it till 2006. I have to visit Canada as I have got Canadian PR.
I would like to know what is the waiting time at US consulate in Canada for visa stamping.

Thanks

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ani70
Q1:Can I safely enter Canada in my own USA plated car even after Dec 31st without PR card showing IMM1000 doc before my 3/5 year absence period expires

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ani70
Is there any potential risk at POE if I reenter in June 2004

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Ravikumarrao2003:
I am on H1 visa in US and my visa has expired although I have an extension for it till 2006.

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Ravikumarrao2003:
I would like to know what is the waiting time at US consulate in Canada for visa stamping.

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