Post
by cempjwi » Wed Mar 14, 2012 4:54 pm
The lawful admission policy states that for a spouse to be sponsored, that spouse must have been admitted lawfully his/her country of residency for 1yr. I held a work visa for a few years which I used to enter the US several times. I was in fact working for a company in the US but I went outside the country on short vacations that never went for over 9 consecutive days, at the most. During the years I had my work visa (H1B) I never stayed in the US for a 1yr period as I went on vacation twice a year (as IT departments prefer to give shorter vacation periods) althought technically i resided in the US as my H1B allowed. During those re-entries, I was several times admitted in the US for periods longer than 1yr, as the departure date was set to be the expiration of my H1B. The last time I left and came back to the US my H1B was valid for only 10 months (I entered in November and my H1B would expire in Sep on the next year). I have since gone out-of-status in the US and married a Canadian citizen that lives in the US. We are planning to move to Canada if a Canadian PR application is successful. Does anyone understand the policy to look into only the last time a person is admitted in the country of residency for any reason, or the history of having an H1B work visa in the US counts?
