AC21 and visit back to Canada.

R

Robin555

Registered Users (C)
Hello everyone!

I am Canadian working in the US on H-1B1. I have an I-485 Employment based app. pending. I have a valid EAD and passport. I went the AC21 route to move to a new company. We want to drive to Canada for Christmas and I am wondering how to re-enter the US when we come back. I still have my old employers name on my H-1B1 card in my passport. They always ask who I am working for. Do I just tell them that I did an AC21 and have the new companies documents along? Am I still entering under my H-1B1 visa even though I am working with a new employer?

Thanks! Robin
 
Robin555 said:
Am I still entering under my H-1B1 visa even though I am working with a new employer?
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Unless the new employer filed an H-1 petition for you, no. You are using your EAD and your original H1 is toast. You will therefore need AP to be readmitted to the United States.
 
Thank you.

Thanks for the info. I did a bunch of digging and looked back on one of my old posts. You guys gave me all the info I needed back then. At the time it made sense to AC21 with our EAD's since it was cheaper and flew under the radar of my new company easier than a whole H1 transfer form and $1500 worth of other forms that go with it for the three in my family. BCIS did two request for evidences for certified long forms of our Birth and Marriage Certificates. This pushed their decission dates to Jan 17, 2007. Bottom line is that we are still legal and I have EAD applications in for renewal (though they need to happen within 58 days...Dec 12th to Feb 8th when the old ones expire.). Oh well....Jan 17th or bust!!
 
I'm not sure what the old posts said, but if you're using your EAD keep in mind that neither the EAD nor the pending I-485 will get you readmitted into the US. If you leave the US, you must have AP to return.
 
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