Visitor visa for AINP applicant

[Tapak]

Sorry for tossing this question in this forum but I need some definite answer soon as I am traveling next week to Edmonton.
I am an Indian citizen on H1B visa employed by a US company. Though, my H1B visa has expired, I have a valid I-797 notice of action along with the petition, valid I-94 is until Oct 2010.
My company wants me to go to Canada to receive two weeks of training.
I have been given a letter from my company stating that I have been employed by them and will continue to work for them. The sole purpose of my visit is to receive training and will return on or around 28th February.
Ofcourse, I have confirmed return flight tickets as well as hotel reservation for two weeks.
I am confused about how will I travel without visa because my company mentioned that I just need to show the letter along with my iternary and I would be allowed to enter Canada, take training and come back. Is that all I need or I am missing something?

My company has asked me to just walk across the border based on my training letter, confirmed reservations (flight and hotel) and H1B papers.
Unless there is provision to allow business travelers to cross the Canadian border, I was under impression that I will need a valid visa even for the business purpose.

Also, I need to know if I need to retain my I-94 or let border officer know what since my stay is less that 30 days in Canada, I can retain my I-94 and will be issued new one after I enter US again.

Please advise in step by step simple manner. I am too much confused.

Thanks in advance.

Taps

 

[divagirl]

We had been to Canada 2 years back for H1 stamping. At the airport, they did take away our I-94 and issued a new one when we entered back. Pls chk with your attorney, as you say that your visa has expired. Check with them if you need to get a visa stamp to enter back.

 

[nix1]

I am not an expert on this, but I can say one thing for sure that you need a Canadian Visitor Visa to enter Canada. From your post above, it seems like you do not have a Canadian visitor visa yet.

I have read on other forums that you can use 30 days rule when coming back to the US, if you did not apply for a visa in Canada. While returning back into the US, some of them were given hard time at the port of entry, but sounds like everybody made it in. Good luck.

 

[ss123]

Based on my research, you will need a Canadian visa. H1B people cannot just walk across the border..

Do not submit your I94 while travelling to Canada and use it to come back to US (using AVR rule). do a search on avr and take a copy of the rule incase border agents do not know.

Do let us know your experience. I am planning to do same thing in 2 weeks.

 

[bb0310]

Definitely you need a Visitor Visa going to Canada, if you go to the Canadian Embssy in Washington, you will get it the same day. As for I-94 you don't have to surrender it since your destination is Canada and for only two weeks, I've done that a couple of times.

 

[Tapak]

Definitely you need a Visitor Visa going to Canada, if you go to the Canadian Embssy in Washington, you will get it the same day. As for I-94 you don't have to surrender it since your destination is Canada and for only two weeks, I've done that a couple of times.

Thanks for all your replies. BTW, my company has presence in US as well as CA.
I was told by HR of my company - I don't require anything in addition to these 3 documents:
1. Company letter stating the purpose of visit,
2. My H1B petition along with I-797, and
3. Confirmed reservations for return flight as well as hotel.

However, I have reached out to my Immigration Attorney for her final word. I would rather be safe than sorry.

Will keep you posted.

Taps

 

[mango.lassee]

Hi Tapak,

I work for a company that has presence in US and Canada and had kind of a similar situation just over a year ago.

Based on my experience, you will need a TRV to enter Canada (the 3 documents you have listed should suffice for a TRV).

If your H1B stamp in your passport has expired (even if you have a new H1B petition and new I-797), you will have to get your H1B stamping done to re-enter the US.

However, I am not sure if rules have changed since then, so you may want to reconfirm. Good luck.

Definitely you need a Visitor Visa going to Canada, if you go to the Canadian Embssy in Washington, you will get it the same day. As for I-94 you don't have to surrender it since your destination is Canada and for only two weeks, I've done that a couple of times.

Thanks for all your replies. BTW, my company has presence in US as well as CA.
I was told by HR of my company - I don't require anything in addition to these 3 documents:
1. Company letter stating the purpose of visit,
2. My H1B petition along with I-797, and
3. Confirmed reservations for return flight as well as hotel.

However, I have reached out to my Immigration Attorney for her final word. I would rather be safe than sorry.

Will keep you posted.

Taps

 

[ss123]

this site tells about who needs visa

http://www.cic.gc.ca/english/visit/visas.asp

 

[Flori]

I am not an expert on this, but I can say one thing for sure that you need a Canadian Visitor Visa to enter Canada. From your post above, it seems like you do not have a Canadian visitor visa yet.

I have read on other forums that you can use 30 days rule when coming back to the US, if you did not apply for a visa in Canada. While returning back into the US, some of them were given hard time at the port of entry, but sounds like everybody made it in. Good luck.

It depends on where are you from if you need a visa or not, check on the CIC website, they'd tell you if you need a visa. For some countries you only need your passport and the visa from the USA (if you are entering from the USA border)

 

[akk]

You need a visa to go to Canada, also you will need another visa to come back to US.
My visa expired on nov 08, I took vacation in sept 08 and when I came back to US, the officer on the border said that after nov 08 I could not leave the country, but I would still be legally in US (since my 797 and I94is valid until nov 09).He said that if I needed to leave after nov 08 I would need to go to any consulate to get another visa.
This is what everybody in my company does when they need to leave US with a expired visa (n the passport), but valid I-94 and 797

Last time I've been in Canada they checked my visa to enter canada and my US visa to re-enter US.

So my opinion is that you will need both Canadian and US visas to make this trip of yours...

Akk

Sorry for tossing this question in this forum but I need some definite answer soon as I am traveling next week to Edmonton.
...
Thanks in advance.

Taps

 

[email2kale]

Takap: Definitely you need a visitor visa in your case. Also I think you need to get your H1B visa extension in passport before returning into US.

 

[chaudri786]

According to my information you need a visit visa for Canada , which is really so easy to get if you have a H-1B approved visa or I-797 in paper form. I think just get an appointment to Canadian embassy with all required paperwork from their website. Like, bank statements and stuff, you will get it so easily on same day.

Also, after you get your visa you dont need visa to re-enter USA if your trip doesnt exceeds more than 30 days just for Canada but if you travel anywhere else other than Canada then you should have to get a H-1B visa stamp on your passport.

Just my two cents......

 

[Tapak]

According to my information you need a visit visa for Canada , which is really so easy to get if you have a H-1B approved visa or I-797 in paper form. I think just get an appointment to Canadian embassy with all required paperwork from their website. Like, bank statements and stuff, you will get it so easily on same day.

Also, after you get your visa you dont need visa to re-enter USA if your trip doesnt exceeds more than 30 days just for Canada but if you travel anywhere else other than Canada then you should have to get a H-1B visa stamp on your passport.

Just my two cents......

Dot on. You are absolutely correct. I was told exactly the same process but by the time my company sent me support documents, training was half way complete. My Manager decided to hold on until there is next one scheduled.

Thanks,
Taps