Hope Always

Ingo,

I am a Canadian PR (living in Canada) and would require visa to enter
the USA as of March 17.

Last year, a H1b was filed for me. On receiving the approval notice, I
went to join my employer in July (end of July) and was issued a I-94. We
had planned a trip home in October 2002. By then I had bought tickets
and could not reschedule the trip. Because of this reason, my employer
said that it would be difficult to place me with a client (asking for
vacation after less than two months of work) and asked me to join at a
later date. I was advised to return home immediately. I complied and
returned the following day. I have continued to live in Canada. I was
subsequently asked to report for work in Feb. 2003. I joined them in
Feb. 2003. When I crossed the border, INS inspector asked me about the
prolonged absence from work and asked me if I am with the same company.
I told him what happened and told them that I was traveling to join my
employer. A new I-94 was issued I was also asked to get a visa.

My concerns are:

a) Did I violate any US laws? Was I out of status?
b) Did my employer violate any US law?
c) I was not paid for the period (July 2002 - Jan 2003). I am yet to get
my first pay stub as I have just started. Is this okay? I did not work
for them during this period and I do not live in the USA.
d) Will I be asked to prove that I returned immediately? If so, how
could I prove it? (I have some old credit card statements which could
vouch for that fact, if that is of any help).
e) I have returned to Canada three days after joining (Feb. 2003) and
waiting for the visa interview. My employer would actively look for a
client only after I receive visa. Is it okay to wait in Canada (I would
be paid for this period) and is it okay to mention this to visa officer?

Thanks.

Ingo Pakleppa

On Thu, 20 Feb 2003 11:34:44 +0000, Hope Always wrote:

    > Ingo,
    >
    > I am a Canadian PR (living in Canada) and would require visa to enter
    > the USA as of March 17.
    >
    > Last year, a H1b was filed for me. On receiving the approval notice, I
    > went to join my employer in July (end of July) and was issued a I-94. We
    > had planned a trip home in October 2002. By then I had bought tickets
    > and could not reschedule the trip. Because of this reason, my employer
    > said that it would be difficult to place me with a client (asking for
    > vacation after less than two months of work) and asked me to join at a
    > later date. I was advised to return home immediately. I complied and
    > returned the following day. I have continued to live in Canada. I was
    > subsequently asked to report for work in Feb. 2003. I joined them in
    > Feb. 2003. When I crossed the border, INS inspector asked me about the
    > prolonged absence from work and asked me if I am with the same company.
    > I told him what happened and told them that I was traveling to join my
    > employer. A new I-94 was issued I was also asked to get a visa.
    >
    > My concerns are:
    >
    > a) Did I violate any US laws? Was I out of status?

No. No problem here.

    > b) Did my employer violate any US law?

Probably not, since you left the US. Although one could construe this as a
termination, and they should have paid for your trip back to Canada.

    > c) I was not paid for the period (July 2002 - Jan 2003). I am yet to get
    > my first pay stub as I have just started. Is this okay? I did not work
    > for them during this period and I do not live in the USA.

No problem.

    > d) Will I be asked to prove that I returned immediately? If so, how
    > could I prove it? (I have some old credit card statements which could
    > vouch for that fact, if that is of any help).

Depends. If you flew back, the boarding pass stub or a frequent flier
record may help. Also, does Canada stamp your passport when entering the
country? Then the stamp in your passport may help. Rent receipts, credit
card statements showing activity in Canada but not the USA, or the like
can all help. If you can't think of anything, an affidavit may well be
enough.

    > e) I have returned to Canada three days after joining (Feb. 2003) and
    > waiting for the visa interview. My employer would actively look for a
    > client only after I receive visa. Is it okay to wait in Canada (I would
    > be paid for this period) and is it okay to mention this to visa officer?

Sure. You can do anything you like while outside the US. Waiting without
working inside the US would be problematic, although if you get paid, it
should be OK, too.

Please note that there is a chance that the consulate in Canada will tell
you to use a consulate in your country of citizenship if you are subject
to the security check.

Since you are a Canadian PR, I don't think this will happen; the consulate
in Canada may also conduct the security check (it will still take months).

Hope Always

Ingo,

We drove in to the USA and came back. My family traveled with me and we stayed
at a friend's place so that our infant's stay was comfortable. Therefore,
excepting the fuel expenses (around 50 USD) + food during travel (around 30
USD), there was nothing else. Since it is not big money, I did not ask for it
then and was not reimbursed. Would that be an issue?

Canadian inspectors do not stamp passports at all unless it is the first time
arrival. They verify id and let you in. That can not be of any help. However,
when we traveled home , both entry and exit stamps at the POE were affixed on
the passport (August - entry and October - exit for my wife and infant) and
october (both) for myself. Further I have heating, electricity and water bills
during this entire period and last three months cc statements. I plan to carry
these to the consulate as proof of living in Canada and not in the USA. If I
have to execute an affidavit, how would I do that?

You had mentioned about security check. Could you pl elaborate on that? Is a
security check mandatory for each visa applicant or first time applicant or
how is the need for the check determined?

Thanks.



Ingo Pakleppa wrote:

    > On Thu, 20 Feb 2003 11:34:44 +0000, Hope Always wrote:
    > > Ingo,
    > >
    > > I am a Canadian PR (living in Canada) and would require visa to enter
    > > the USA as of March 17.
    > >
    > > Last year, a H1b was filed for me. On receiving the approval notice, I
    > > went to join my employer in July (end of July) and was issued a I-94. We
    > > had planned a trip home in October 2002. By then I had bought tickets
    > > and could not reschedule the trip. Because of this reason, my employer
    > > said that it would be difficult to place me with a client (asking for
    > > vacation after less than two months of work) and asked me to join at a
    > > later date. I was advised to return home immediately. I complied and
    > > returned the following day. I have continued to live in Canada. I was
    > > subsequently asked to report for work in Feb. 2003. I joined them in
    > > Feb. 2003. When I crossed the border, INS inspector asked me about the
    > > prolonged absence from work and asked me if I am with the same company.
    > > I told him what happened and told them that I was traveling to join my
    > > employer. A new I-94 was issued I was also asked to get a visa.
    > >
    > > My concerns are:
    > >
    > > a) Did I violate any US laws? Was I out of status?
    > No. No problem here.
    > > b) Did my employer violate any US law?
    > Probably not, since you left the US. Although one could construe this as a
    > termination, and they should have paid for your trip back to Canada.
    > > c) I was not paid for the period (July 2002 - Jan 2003). I am yet to get
    > > my first pay stub as I have just started. Is this okay? I did not work
    > > for them during this period and I do not live in the USA.
    > No problem.
    > > d) Will I be asked to prove that I returned immediately? If so, how
    > > could I prove it? (I have some old credit card statements which could
    > > vouch for that fact, if that is of any help).
    > Depends. If you flew back, the boarding pass stub or a frequent flier
    > record may help. Also, does Canada stamp your passport when entering the
    > country? Then the stamp in your passport may help. Rent receipts, credit
    > card statements showing activity in Canada but not the USA, or the like
    > can all help. If you can't think of anything, an affidavit may well be
    > enough.
    > > e) I have returned to Canada three days after joining (Feb. 2003) and
    > > waiting for the visa interview. My employer would actively look for a
    > > client only after I receive visa. Is it okay to wait in Canada (I would
    > > be paid for this period) and is it okay to mention this to visa officer?
    > Sure. You can do anything you like while outside the US. Waiting without
    > working inside the US would be problematic, although if you get paid, it
    > should be OK, too.
    > Please note that there is a chance that the consulate in Canada will tell
    > you to use a consulate in your country of citizenship if you are subject
    > to the security check.
    > Since you are a Canadian PR, I don't think this will happen; the consulate
    > in Canada may also conduct the security check (it will still take months).

Ingo Pakleppa

I don't see why personal expenses would make a difference at all with
respect to a US visa. The employer should have paid for the trip, but that
is not a problem from an immigration standpoint.

It sounds like you probably won't need it, but the affidavit would
basically be a written statement of the facts. I'm not sure if there are
formal requirements, since an affidavit is the written equivalent to an
oath.

The security check is something consulates now do to verify that you have
no connection to terrorism by submitting your information to the FBI and
CIA. They don't do it to everybody. The exact selection criteria are
classified, but it is generally thought that the most likely to be
selected are males between 16 and 45 from 26 countries, most of them
middle eastern. However, consulates can subject anybody to the security
check even if they don't meet the criteria.

On Thu, 20 Feb 2003 15:15:37 +0000, Hope Always wrote:

    > Ingo,
    >
    > We drove in to the USA and came back. My family traveled with me and we stayed
    > at a friend's place so that our infant's stay was comfortable. Therefore,
    > excepting the fuel expenses (around 50 USD) + food during travel (around 30
    > USD), there was nothing else. Since it is not big money, I did not ask for it
    > then and was not reimbursed. Would that be an issue?
    >
    > Canadian inspectors do not stamp passports at all unless it is the first time
    > arrival. They verify id and let you in. That can not be of any help. However,
    > when we traveled home , both entry and exit stamps at the POE were affixed on
    > the passport (August - entry and October - exit for my wife and infant) and
    > october (both) for myself. Further I have heating, electricity and water bills
    > during this entire period and last three months cc statements. I plan to carry
    > these to the consulate as proof of living in Canada and not in the USA. If I
    > have to execute an affidavit, how would I do that?
    >
    > You had mentioned about security check. Could you pl elaborate on that? Is a
    > security check mandatory for each visa applicant or first time applicant or
    > how is the need for the check determined?
    >
    > Thanks.
    >
    >
    >
    > Ingo Pakleppa wrote:
    >
    >> On Thu, 20 Feb 2003 11:34:44 +0000, Hope Always wrote:
    >> > Ingo,
    >> >
    >> > I am a Canadian PR (living in Canada) and would require visa to enter
    >> > the USA as of March 17.
    >> >
    >> > Last year, a H1b was filed for me. On receiving the approval notice, I
    >> > went to join my employer in July (end of July) and was issued a I-94. We
    >> > had planned a trip home in October 2002. By then I had bought tickets
    >> > and could not reschedule the trip. Because of this reason, my employer
    >> > said that it would be difficult to place me with a client (asking for
    >> > vacation after less than two months of work) and asked me to join at a
    >> > later date. I was advised to return home immediately. I complied and
    >> > returned the following day. I have continued to live in Canada. I was
    >> > subsequently asked to report for work in Feb. 2003. I joined them in
    >> > Feb. 2003. When I crossed the border, INS inspector asked me about the
    >> > prolonged absence from work and asked me if I am with the same company.
    >> > I told him what happened and told them that I was traveling to join my
    >> > employer. A new I-94 was issued I was also asked to get a visa.
    >> >
    >> > My concerns are:
    >> >
    >> > a) Did I violate any US laws? Was I out of status?
    >> No. No problem here.
    >> > b) Did my employer violate any US law?
    >> Probably not, since you left the US. Although one could construe this as a
    >> termination, and they should have paid for your trip back to Canada.
    >> > c) I was not paid for the period (July 2002 - Jan 2003). I am yet to get
    >> > my first pay stub as I have just started. Is this okay? I did not work
    >> > for them during this period and I do not live in the USA.
    >> No problem.
    >> > d) Will I be asked to prove that I returned immediately? If so, how
    >> > could I prove it? (I have some old credit card statements which could
    >> > vouch for that fact, if that is of any help).
    >> Depends. If you flew back, the boarding pass stub or a frequent flier
    >> record may help. Also, does Canada stamp your passport when entering the
    >> country? Then the stamp in your passport may help. Rent receipts, credit
    >> card statements showing activity in Canada but not the USA, or the like
    >> can all help. If you can't think of anything, an affidavit may well be
    >> enough.
    >> > e) I have returned to Canada three days after joining (Feb. 2003) and
    >> > waiting for the visa interview. My employer would actively look for a
    >> > client only after I receive visa. Is it okay to wait in Canada (I would
    >> > be paid for this period) and is it okay to mention this to visa officer?
    >> Sure. You can do anything you like while outside the US. Waiting without
    >> working inside the US would be problematic, although if you get paid, it
    >> should be OK, too.
    >> Please note that there is a chance that the consulate in Canada will tell
    >> you to use a consulate in your country of citizenship if you are subject
    >> to the security check.
    >> Since you are a Canadian PR, I don't think this will happen; the consulate
    >> in Canada may also conduct the security check (it will still take months).

Hope Always

Big thanks.

Ingo Pakleppa wrote:

    > I don't see why personal expenses would make a difference at all with
    > respect to a US visa. The employer should have paid for the trip, but that
    > is not a problem from an immigration standpoint.
    > It sounds like you probably won't need it, but the affidavit would
    > basically be a written statement of the facts. I'm not sure if there are
    > formal requirements, since an affidavit is the written equivalent to an
    > oath.
    > The security check is something consulates now do to verify that you have
    > no connection to terrorism by submitting your information to the FBI and
    > CIA. They don't do it to everybody. The exact selection criteria are
    > classified, but it is generally thought that the most likely to be
    > selected are males between 16 and 45 from 26 countries, most of them
    > middle eastern. However, consulates can subject anybody to the security
    > check even if they don't meet the criteria.
    > On Thu, 20 Feb 2003 15:15:37 +0000, Hope Always wrote:
    > > Ingo,
    > >
    > > We drove in to the USA and came back. My family traveled with me and we stayed
    > > at a friend's place so that our infant's stay was comfortable. Therefore,
    > > excepting the fuel expenses (around 50 USD) + food during travel (around 30
    > > USD), there was nothing else. Since it is not big money, I did not ask for it
    > > then and was not reimbursed. Would that be an issue?
    > >
    > > Canadian inspectors do not stamp passports at all unless it is the first time
    > > arrival. They verify id and let you in. That can not be of any help. However,
    > > when we traveled home , both entry and exit stamps at the POE were affixed on
    > > the passport (August - entry and October - exit for my wife and infant) and
    > > october (both) for myself. Further I have heating, electricity and water bills
    > > during this entire period and last three months cc statements. I plan to carry
    > > these to the consulate as proof of living in Canada and not in the USA. If I
    > > have to execute an affidavit, how would I do that?
    > >
    > > You had mentioned about security check. Could you pl elaborate on that? Is a
    > > security check mandatory for each visa applicant or first time applicant or
    > > how is the need for the check determined?
    > >
    > > Thanks.
    > >
    > >
    > >
    > > Ingo Pakleppa wrote:
    > >
    > >> On Thu, 20 Feb 2003 11:34:44 +0000, Hope Always wrote:
    > >>
    > >> > Ingo,
    > >> >
    > >> > I am a Canadian PR (living in Canada) and would require visa to enter
    > >> > the USA as of March 17.
    > >> >
    > >> > Last year, a H1b was filed for me. On receiving the approval notice, I
    > >> > went to join my employer in July (end of July) and was issued a I-94. We
    > >> > had planned a trip home in October 2002. By then I had bought tickets
    > >> > and could not reschedule the trip. Because of this reason, my employer
    > >> > said that it would be difficult to place me with a client (asking for
    > >> > vacation after less than two months of work) and asked me to join at a
    > >> > later date. I was advised to return home immediately. I complied and
    > >> > returned the following day. I have continued to live in Canada. I was
    > >> > subsequently asked to report for work in Feb. 2003. I joined them in
    > >> > Feb. 2003. When I crossed the border, INS inspector asked me about the
    > >> > prolonged absence from work and asked me if I am with the same company.
    > >> > I told him what happened and told them that I was traveling to join my
    > >> > employer. A new I-94 was issued I was also asked to get a visa.
    > >> >
    > >> > My concerns are:
    > >> >
    > >> > a) Did I violate any US laws? Was I out of status?
    > >>
    > >> No. No problem here.
    > >>
    > >> > b) Did my employer violate any US law?
    > >>
    > >> Probably not, since you left the US. Although one could construe this as a
    > >> termination, and they should have paid for your trip back to Canada.
    > >>
    > >> > c) I was not paid for the period (July 2002 - Jan 2003). I am yet to get
    > >> > my first pay stub as I have just started. Is this okay? I did not work
    > >> > for them during this period and I do not live in the USA.
    > >>
    > >> No problem.
    > >>
    > >> > d) Will I be asked to prove that I returned immediately? If so, how
    > >> > could I prove it? (I have some old credit card statements which could
    > >> > vouch for that fact, if that is of any help).
    > >>
    > >> Depends. If you flew back, the boarding pass stub or a frequent flier
    > >> record may help. Also, does Canada stamp your passport when entering the
    > >> country? Then the stamp in your passport may help. Rent receipts, credit
    > >> card statements showing activity in Canada but not the USA, or the like
    > >> can all help. If you can't think of anything, an affidavit may well be
    > >> enough.
    > >>
    > >> > e) I have returned to Canada three days after joining (Feb. 2003) and
    > >> > waiting for the visa interview. My employer would actively look for a
    > >> > client only after I receive visa. Is it okay to wait in Canada (I would
    > >> > be paid for this period) and is it okay to mention this to visa officer?
    > >>
    > >> Sure. You can do anything you like while outside the US. Waiting without
    > >> working inside the US would be problematic, although if you get paid, it
    > >> should be OK, too.
    > >>
    > >> Please note that there is a chance that the consulate in Canada will tell
    > >> you to use a consulate in your country of citizenship if you are subject
    > >> to the security check.
    > >>
    > >> Since you are a Canadian PR, I don't think this will happen; the consulate
    > >> in Canada may also conduct the security check (it will still take months).