how to determine H1B eligibility

[Ravikc]

Hi,
i moved to US from India in Feb 1997 and i was working untill
Jan 2002. Since i am canadian PR i moved to Canada in Jan 2002.
If i have to apply for H1 again, Since there is no stamp on my passport that i entered canada on so and so date. How does the INS know when i left US so that i can get a fresh 6 + years for H1.
Can i also know if premium processing is allowed to do this.
Thanks,
Ravi

[klein]

If your I-94 was taken when you were leaving the US to go to Canada, They would know that you were away ...

K

[Ravikc]

No they did not take the I 94 since i went by Car.

[MysticM]

usually you are supposed to cancel your H1 before leaving. since you are a canadian PR, it's not a surpise they didnt stamp your passport, coz by the US-canadian treaty, by law they are not exactly required to stamp the passport, be it road or air. the INS and CIC are well aware of this too and most often than not, they just take your word for it (unless they are suspicious that you are lying, then they will ask for some proof of your stay like paystubs and etc) but you can try the following things
call the INS 800 number and ask them
call the CIC 800 number and ask them
pick a immigration lawyer from yellow pages and ask him/her, most canada based american lawyers give free consultation on the phone

btw, as a canadian PR, you can be out of canada for max 3 years. so, after 3 yrs, if your H1 still doesnt convert to a GC, either you have to give up canadian residency or move back to canada. unless you are prepared to let go of your PR, all you need it 3 years which you have.

good luck.