Gkher

I applied for canada PR in April 2002 and completed medicals(no
interview reqd) . CIC asked for some updated documents

which I would sending next week .Now I am awaiting passport request and
landing papers.

My H1 visa stamp(completing 6 yrs) + I-94 are expiring on 15 Jan 2004. I
have applied last week for 7th yr H1 visa extension .



My question is -



If I get the passport request after 15 Jan 2004, then how can I land in
Canada as well as come back to US ?



1) If 7th yr extension gets approved, then I can go to Canada based on
new I-797 but to come back to US,

I would be needing a new H1 stamp in my passport . Can I do H1 stamping
in Canada ? If they denied stamping then what?



2) Or should I do H1 stamping in US first, before landing in Canada ? It
takes about 3-4 months for stamping and I am afraid would CIC be
giving that

much time for passport request and landing? What to do ?





Worried....Would appreciate if anyone can reply.....thanks!

Webcrawler

My answers inline:

"gkher" <member@british_expats.com> wrote in message
news:...

    > If I get the passport request after 15 Jan 2004, then how can I land in
    > Canada as well as come back to US ?

You can't unless you have a valid I-94 that you do not surrender when you
leave the US.
Also, a precondition is that you should not belong to the list of
"restricted countries"
Read:
http://travel.state.gov/tcn.html

    > 1) If 7th yr extension gets approved, then I can go to Canada based on
    > new I-797 but to come back to US,

Yes, as long as the EoS was filed along with the I-129 and the approval
notice included the new I-94.

    > I would be needing a new H1 stamp in my passport .

Not necessary. See above.

    > Can I do H1 stamping
    > in Canada ?

Sure, you can.
But a highly risky situation because you may be denied.

    > If they denied stamping then what?

You must return to your home country and apply for a US visa there using
your approved petition.

    > 2) Or should I do H1 stamping in US first, before landing in Canada ? It
    > takes about 3-4 months for stamping and I am afraid would CIC be
    > giving that
    > much time for passport request and landing? What to do ?

The automatic revalidation is risky if you don't have much time to land.
3-4 months is an optimistic time-frame.
Some people do get back within 4 months, but I have heard of 6 months as
well, and more.

Best wishes.