Six Month Visit is up, but need to come back to US in March

Each entry is for six months, so the last entry is the oine you are currently on.

You will be fine if you leave.

But the only work visa you can get would be at the US border, not from canada.

My story is very similar to yours. I intended initially to visit relatives in US for a period of 1 week in the end of May 2009. As I was not working at that time, overstaying a month more did not seem to be a problem as long as it was less than 183 days. During that visit I was traveling to Florida and also went as far as Vegas with my relatives. To make a long story short, one month led to another and I was invited to stay for July 4th and also for thanksgiving. Everything was easy and comfortable with them, as soon came a time to leave before the 6 months came up.I cut it to the day before 6 months to return home. I live with my parents and they did not mind my 6 month absence.Getting back in Canada was no problem, but my concern was what to tell the immigration officers as to the length of my stay. I could have told them 6 months or 6 days as they did not seem to care how long I stayed, they only asked if I had bought gifts or any other items.I thought for a moment and I said 6 days as I was afraid that if I told them 6 months, they would let the US side know by electronic means or whatever and I would look like a liar to the US side because I told them in May that I was only going for a week. Being back in Canada for 1 month, the girl I met in US during my stay in Florida wants me to visit her for her sister's wedding in January (new year's eve wedding) and so I said OK. I pack up, get on the bus and head for NY for a day stay before I intended drive with a few relatives to Florida. Bus gets to US immigration and I was asked where and how long am I going. I said 10 days and they checked after swiping my passport on the monitor. The officer said I cannot go because within a year period the max is 6 months even if I was back in Canada for a month, he knew that I was there for exactly 6 months to the day. I said I am going for a wedding and he said 6 MONTHS MAXIMUM TOTAL ACCUMILATED TIME WITHIN a 12 month period. I have used up my total allowable time and now I must stay in CANADA or elsewhere for 6 months or more before I can go back in US. They know exactly to the day how long your visit actually is, damn.If I had overstayed by a week after 6 months, I may not even be allowed back in for a period of 3 or more years. Well, no wedding visit and no excuses, tough luck.

The officer was wrong, but was more imprtantly giving youa warning: you are only a visitor, and if you intend to be more than that you need a different process.

Thanks Agnelson, do I really have to stay out of US for more than 6 months, before I can even consider coming in for a week in spring ?

Thanks Agnelson, do I really have to stay out of US for more than 6 months, before I can even consider coming in for a week in spring ?

No. You have to assure the officer that you live and maintain a residence in canada, will stay only the time you say you will stay, and will not work illegally and will not try to immigrate. This is the same criteria that all Cdn tourist must meet every time they cross the border.

Assured that those criteria are met, an offcier will admit you regardless of how much time you've previously spent in US. Trouble is, someone spending 11 of 12 months in US, fails the "living in canada" criteria.

Another fairly quick question... and thanks again for all of the advice. If I manage to find a place here that will do the Visa stuff with me can I apply for a H1B Visa and then the six months is moot? Assuming I get the visa that is...

There are many legal statuses other than tourist. most of which allow you to stay much longer than 6 months. The problem with H1 is that there are none available until next October, by which time you will be illegal.

I was trying to find a website that has a list of all of those statuses, but I am not having much luck. Could you point me at one? I am just wondering if I can successfully change my status prior to the end of the six month tourist status and continue to live here in the states.

grasmick.com

Your options are limited. they depend on your education, or if you are going to school. You have TN, H, F at your disposal. No need to look further at any list.