H1B1 visa revalidation in Toronto


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anuragkul   
Member since: Jul 03
Posts: 52
Location:

Post ID: #PID Posted on: 06-04-05 13:58:30

Hi ,

I was working and living in USA with my family on H1B1 visa for past 5 and 1/2 years. In February 2005, I moved to Windsor, ON as Landed Immigrant and I am daily commuting to work in Detroit on H1B1 visa and my wife is with me in Windsor and she has H1B visa. We also have twin babies who were born in USA.

I am going for 7th year H1B1 and H4 visa revalidation in Toronto next week along with my wife. As our I-94 would be attached to our passports, would that be a problem when we go for visa revalidation. Should I tell them that my employer has filed for my US immigration or not as it is still in the Michigan labor clearance state Or what kind of questions /problems I may face in Toronto consulate.

Please guide me with your professional advice and suggestion regarding this matter.

Thanks,
AK



Smiley   
Member since: Mar 03
Posts: 1185
Location: USA

Post ID: #PID Posted on: 06-04-05 14:13:50

If you are going for a 7th Year h1b extension, It means you have filed for your GC and there is no point hiding that . I don't see any problems as such


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We will find a way or we will make one


Hope   
Member since: Feb 04
Posts: 281
Location: Vancouver

Post ID: #PID Posted on: 06-04-05 14:38:23

Ask your company lawyer. He will be able to guide you better.H1 Visa holders are considered to have dual intent only.It was the 5th year for my husband, our lawyer told us that it need not be mentioned as our labor was yet to be cleared.If your company does everything systematically, you may be able to find help in your company web-site itself.Or call your company HR.
You don't tell them anything unless they ask you
I think when you fill DS-156 there is a column for that.

Do not argue with the embassy officer if he/she asks you to pay $50/ reciprocatory fees.Just pay it, though your a Canadian PR.

After getting the visa stamping, when you enter USA the first time, go to the Immigration, tell them that you need a new I-94. You have to pay US$6/(No canadian dollar accepted).They get your finger prints and issue a new I-94.That's all.
We were in a similar situation. Got our H1 revalidation in Vancouver.I re-entered USA once to get my I-94.
My husband is commuting everyweekend.
No problems.
If you need any other details, IM me.
:)


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HOPE


Smiley   
Member since: Mar 03
Posts: 1185
Location: USA

Post ID: #PID Posted on: 06-04-05 15:41:34

Hi Hope

Does your husband commute everday from vancouver to seattle . Is't it pretty far to commute


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We will find a way or we will make one


anuragkul   
Member since: Jul 03
Posts: 52
Location:

Post ID: #PID Posted on: 06-04-05 15:51:05

Hi Hope,

Thanks for your previous reply,

I have two more questions in the same regard.

1. I am staying in Windsor, so what do I fill in Line No. 24 in Form DS-156 (At what address you will stay in US?)
2. I do not have any US Degree, though I am holding Masters Degree in Computers from India and I also do have my Degrees evaluated in US while filing the Green Card. Do you see any chance if they would ask me to go to India for Visa Stamping, even I am Canadian PR?

You can understand the anxiety in this matter, please help me out the way you can.

Thanks,
AK



Smiley   
Member since: Mar 03
Posts: 1185
Location: USA

Post ID: #PID Posted on: 06-04-05 16:37:18

1. I am staying in Windsor, so what do I fill in Line No. 24 in Form DS-156 (At what address you will stay in US?)

Put the US address that you will be using for your employer. U have to give a US address to the employer for the payroll


2. I do not have any US Degree, though I am holding Masters Degree in Computers from India and I also do have my Degrees evaluated in US while filing the Green Card. Do you see any chance if they would ask me to go to India for Visa Stamping, even I am Canadian PR?

-- No , as a cdn PR they cannot ask you to go to India


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We will find a way or we will make one


Hope   
Member since: Feb 04
Posts: 281
Location: Vancouver

Post ID: #PID Posted on: 06-04-05 22:54:48

Mr.Smiley has answered your questions.
Definitely, they can not ask you to go to India as you have ties to Canada.
My husband has a Master's Degree from India only.
The problem comes if it is a first time H1.
Since yours is merely a re-validation , there will not be any problem. If it is the same employer, it is still more good.
We were so worried for nearly an year, believe it or not.
We had all the W2, latest pay stubs plus sample pay stubs from previous employers, my husband's degree evaluation done for the first time H1, rental agreement for the apartment in Canada to prove that we are staying in Canada(to prove ties),original offer of employment letters from all the employers he worked for, experience letters from all the employers,marriage certificate, birth certificate, all original degree certificates,(everyones) etc, etc. You name something, we had it.
But, all they asked were ,Passports including the old one where the first H1/H4 stamping was done in India, H1/H4 papers,
and the proof of employment letter from the employer mentioning my husband's salary and nature of his work.( it should be dated 30 days within the day of your interview).
Take all the documents, you can think of, though. Because you never know.

Answer to the questions to the required extent only.
No need to volunteer information, unless they ask for it.

Best of luck!
You have nothing to worry at all.
PS; Dont take all your documents in a big bag.A lady was refused permission.No cell phones too.Or, if one of you stay out no problem.
When we went,a couple had come with their toddler. The husband went first, wife stayed with the kid outside, as they did not allow the stroller. The baby was not properly clothed for outside and was crying because of cold.Then when the husband came, the wife went in with the kid, leaving all the baby stuff and stroller with the husband.
from what I understand, you seem to be having 2 young children.
Be prepared to stay out with the kids for some time. You would not want the babies crying or feeling cold or hungry.
:)

For Smiley_What is the meaning of weekend?
:(


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HOPE


Contributors: Smiley(4) anuragkul(3) Hope(3)



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