H1b extension - Landing as PR - Re-entry....

[nureya]

Hi,

My current h1b petition and visa is valid until Aug17th,2007(its my first h1b). My company has applied for my h1b extension with my old I-94 card(by May1st week and have not recieved the h1b yet).

In the mean time, i got my canadian PR and i want to land in canada before August 17, 2007. The reason for this is, i am a consultant and i am in bench for last 3 months without paystubs. So if i try to enter after Aug, 17, 2007....while re-entering the U.S immigration will ask me various questions. (since i will not be having valid visa, if i reenter after Aug, 17 2007)


Now my question is

1) Can i leave U.S and land in canada and re-enter united states with my current visa /797 form/I-94 FORM. Because i have only time upto AUG 17,2007(which is only 1 month valid period in I 94/787 and visa). will the immigration ask me various questions while entering.....(or) i am perfectly alright.

2)Since i am doing my h1b extension, my company lawyer is saying...if i leave the country, i will be in trouble. Since U.S immigration is already processing my h1b extension papers with old I-94.,Now if they give a new I-94 while re-entering, it will conflict with my h1b extension.....Is that true?

Thanks,
Nureya

Help appreciated.

~Nureya

 

[jdk98]

avr

Hi,

My current h1b petition and visa is valid until Aug17th,2007(its my first h1b). My company has applied for my h1b extension with my old I-94 card(by May1st week and have not recieved the h1b yet).

In the mean time, i got my canadian PR and i want to land in canada before August 17, 2007. The reason for this is, i am a consultant and i am in bench for last 3 months without paystubs. So if i try to enter after Aug, 17, 2007....while re-entering the U.S immigration will ask me various questions. (since i will not be having valid visa, if i reenter after Aug, 17 2007)


Now my question is

1) Can i leave U.S and land in canada and re-enter united states with my current visa /797 form/I-94 FORM. Because i have only time upto AUG 17,2007(which is only 1 month valid period in I 94/787 and visa). will the immigration ask me various questions while entering.....(or) i am perfectly alright.

2)Since i am doing my h1b extension, my company lawyer is saying...if i leave the country, i will be in trouble. Since U.S immigration is already processing my h1b extension papers with old I-94.,Now if they give a new I-94 while re-entering, it will conflict with my h1b extension.....Is that true?

Thanks,
Nureya

Help appreciated.

~Nureya

- 1 Yes you can do. Use AVR and don't give up ur I-94. Show ur H1 receipt notice if they ask more details. Some time officers take old I94 card and give new one. In this case your are in trouble (due to ur H1 extension is pending)

- 2 Your lawyer said true. If you enter US with another I94 card your H1 extension may conflict. So better wait until ur H1 approved.

jdk98