name check pending, no I94, can go to canada?

[piggytt]

Hi, everyone.

I am a question here. My interview was on early this month. It is ok but the officer said my name check is pending.

then he took off my i-94, and wrote some numbers on my passport.

So, i don't have i-94 now. I have an valid H1-B approval status. I do have AP. But I don't know if I can go to Canada to visit a friend for a weekend.

Any trouble to reenter the US?

Thanks for any kindly help. Appreciated!

[PraetorianXI]

use your AP.

[Canuck_in_Cali]

From my understanding, that's what the AP is for. It allows you re-entry while your GC is pending.

[piggytt]

Thanks for replying.

I just want to make sure, even without I-94. There is no problem to reentry, right?

[PraetorianXI]

No problem at all. You will be given a new I-94, stating your parole back into the US for 1 year.

[austriacus]

If you re-enter the US with AP, you'll be in parolee status, no longer in H-1B status. You can continue your H-1B employment without EAD for the same employer but are technically no longer in H-1B status. This may not matter, but a valid nonimmigrant status is a good backup plan to have, plus the USCIS guidance that you can continue employment without EAD is a somewhat gray area of the law. You can file for extension of your H-1B status after re-entry if you so desire. Or, you can enter with a stamped H-1B visa instead of AP, in which case you would continue to be in H-1B status upon entry.

[Triple Citizen]

Assuming you need one, you do have a Canadian visit visa right?

Originally Posted by piggytt

But I don't know if I can go to Canada to visit a friend for a weekend.