Can I drive my car with belongings while waiting for L1B.

Trillium
New Member



Joined: 06 Jul 2008
Posts: 9
Location: Toronto- Sacramento

Posted: Thu Jul 10, 2008 10:31 am

 

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Steven, I might have not expressed my concern clearly. The thing is that I have my flight booked on the date when most likely, according to my employer, L1 won't be ready yet. So the question is if I try to cross the border with all my family, cat & tons of luggage wouldn't that be obvious to CBP officer that I'm entering not for vacation but to stay even if I claim otherwise? Would he have a right to deny entry based on the fact that L1 is still under consideration and I'm trying to take up residency in U.S. in advance? And what could be the consequences of this if any? And what do you mean by the term 'visa route'?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Thu Jul 10, 2008 10:52 am

 

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Well it sounds as though they've applied for a visa. You don't need a visa for L-1B (if you're a Canadian citizen), you can apply for L-1B at the POE. If they've applied for a visa presumably they can easily supply you all the supporting documentation. So perhaps they should withdraw the application, give you the paperwork and you just apply at the POE. Then the application is processed while you are in the US.

The only downside is that you'll be sat around at the border for awhile, although with all that stuff you'll be sat there awhile anyway doing the paperwork for your car.

It's either that or you have to wait for the visa to show up because it doesn't sound to me as though USCIS will buy the "going on vacation" story if you're taking your cat!
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Steve.

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Trillium
New Member



Joined: 06 Jul 2008
Posts: 9
Location: Toronto- Sacramento

Posted: Thu Jul 10, 2008 7:50 pm

 

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Ya probably you right,I hate my cat!
I'm just joking because what else can I do in this 22 situation.

But I suspect you, Steven thinking that L1B visa is the same as TN visa. But it's not. It's like H1B. You can't bring papers to the POE for applying for this type of visa. My papers were send by lawyers of my employer to the local Californian whatchamacallit, the process very similar to the H1B, my employer has to prove they can't find that kind of employee locally and this the reason for giving my right and authorizes me to in US. And as I see it takes time which I don't have.
I can't even reach the lawyer they said ask your employer about all news. I think L1B will be given me and at the POE officer will just endorse it.
Correct me if I'm wrong!
And thank you again for your input!

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1449
Location: North Carolina

Posted: Fri Jul 11, 2008 4:37 am

 

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I had an L1B visa a few years ago, and I got it at the POE at Pearson airport. I just showed up with the paperwork, handed it over and voila, there ya go.

Unless your employer was doing a blanket L1 for some reason, you should be able to just take the paperwork to the border yourself.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Fri Jul 11, 2008 3:34 pm

 

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You're wrong, L-1 for Canadians does not require a visa, it's merely an entry category. You can optionally apply for a visa to save time waiting for the application to be processed but it's not required.

Moreover there is an L-1 category that is useful for Canadians that is very rarely used, called an "intermittent" L-1, which unlike a regular L-1 can be renewed ad infinitum and allows you to enter the US for up to 180 days a year to work. These are generally issued to Canadians who cross the border frequently to work in the US office and also does not require a visa.

There's also the L-1 "blanket" entry, these cost so much money though that the main users seem to be Indian software companies who bring programmers in by the planeload.

Various other entry categories that usually require a visa such as B and F do not require a visa if you are a Canadian citizen.
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Steve.

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Trillium
New Member



Joined: 06 Jul 2008
Posts: 9
Location: Toronto- Sacramento

Posted: Fri Jul 11, 2008 7:28 pm

 

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Reba, when you say "paperwork" may I ask you what was it? Was it a written notice or whatever it is sent to you by USCIS? Anything else?



Steve, thanks for clarification! But still my concern was only should I take a risk and try to enter U.S. pretending I'm not going to stay there or it's better to wait until the entire process completion? Another thing that I have no clue on how would I legalize my status afterward in case I'd enter States prior factual petition approval. I'm not sure also on how could I be able to apply for it myself at POE as I'm transferred within the company from Canadian branch to U.S. one and this is in my opinion a key point here.

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Trillium
New Member



Joined: 06 Jul 2008
Posts: 9
Location: Toronto- Sacramento

Posted: Fri Jul 11, 2008 7:49 pm

 

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What is the advantage if any of doing so then?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1449
Location: North Carolina

Posted: Sat Jul 12, 2008 5:05 am

 

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No, the paperwork was the application form plus the company information required to apply for the L1. I did not go thru a consulate or USCIS, I just went directly to the POE at Pearson airport to apply.

What Steve means by "you don't need a visa", is that you don't need to send all that paperwork to a consulate and have them process it. L1B is an entry category for Canadians that allows us to apply at the POE for the L1B.

We're confused because we can't figure out why your employer would have sent the applications to USCIS in the first place. They don't need to. Nothing needs to be sent ahead of time because you can apply directly at the border, either land crossing or airport.
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