Adjustment of Status and Canada Travell

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bhalochele1947

Registered Users (C)
I deperately need help this this one.

I am a Canadian (born) who filed I-140/I-485 concurrently very recently. Is it true I cannot travel to Canada without getting my parole documents? I was a TN-1 holder but converted to H1-B last year. My H1-B work permit with my current employer expires only in 2009.

With the recent backlog, I have no idea when I should get the AP document. I do not care for the EAD right now since I am not switching employers anytime soon.

Your responses will be appreciated.
 
Thats not true. H1b is a dual intent visa unlike TN1.....ofcourse this issue of travelling is a grey matter and no one knows the answer for sure. I am also a canadian citizen and have travelled to canada several times after filing I-485....My lawyer said I can travel on my H1b without any issues.

Hope this helps.
 
Thanks for your response. I thought so too.. but my lawyer is putting me into this confusion.. that I cannot travel etc.


In order to verify this I have made an INFOPASS appointment with an immigration officer sometime next month. I hope he/she can give me a definite answer.
 
windsorguy2005 said:
ofcourse this issue of travelling is a grey matter and no one knows the answer for sure.
Click to expand...

There is no confusion; it is explicitly permitted. The regulations originally made note of an I-485 receipt, but I traveled numerous times between 2001 and 2004 on my H-1B and no mention was ever made about my I-485.
 
Thanks for your response, RealCanadian.

So the bottomline is that I can travel to and fro Canada. Correct?
I would love to do that since every 3 months I get homesick.

When I cross the border, will the border inspector will find out about the I-485 and question about it? Or would they not bother since I already have an
H1-B stamped on my I-94?

Responses are greatly appreciated.
 
As long as your are fulfilling your H1 status (ie. still working for yourr h1 sponsor) your H1 serves as your advance parole.
 
Seems your lawyer is getting the H1 confused with the TN. If you were on a TN and filed for AOS then yes you would have to wait for the AP document to come in...
 
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