H1B unemployed status while re-entering between US-Canada

C

Colby

New Member
Hi,

I have a plan but I am not sure if it will work out. I currently hold H1B employment status and my family H4. My visa stamp is however still H1B1 since I have yet to re-enter with the updated visa (you can more or less guess my origin country). My plan is to resign from my current employment which allows me 60 days grace period to stay within US (although I learnt that the grace period its not legally binding). I plan to make use of the grace for some travelling within US and eventually crossing over to Canada. To make it more complicated, I plan to re-enter US via Alaska, then Canada and back Lower 48 before departing back to my origin country. Let’s take it that I do not intend to look for another job within the 60 days grace period.

If not wrong, I should be able to re-enter US via Alaska using ESTA Visa Wavier Program that can be applied easily online with a small fee. It just have to be 72 hr before re-entering US via Alaska from Canada by land. However, I have 90 days period from re-entering US via Alaska till I depart for my origin country. I may exit to Canada and enter Lower 48 but all these within 90 days using that same ESTA. Tourist visa for Canada has to be applied separately since I do not hold Canadian citizenship.

I think I will book a flexible return flight in advance to my origin country as a proof that all these re-entries is not to extend my stay in US intentionally and my final destination is my origin country.

Will all above work? My concern is I may concurrently hold H1B status and ESTA (if approved) since I have no idea when my employer will update my employment status with USCIS when the time comes. The complication is added with not having the actual visa status in my passport.
 
I don’t know if it will work but I wanted to mention you can’t hold two statuses concurrently. If you (re)enter on an ESTA you are under VWP, not H1B. If you enter on ESTA, you are required to show a return/onward flight out of North America within 90 days after first entry.
 
As we always say on this forum, there are no guarantees you would be allowed entry into the US (only US citizens are guaranteed admission). Being from a VWP-eligible country, once you enter on an ESTA, you lose H1b status, and your family also immediately loses H4 dependent status. You must have a return flight booked when you initially enter Alaska on the ESTA. Of course you need a Canadian visa to enter that country.

And no, we can't guess your origin country.
 
Thanks for the respond SusieQQQ and 1AurCitizen. Appreciated.

Losing H1B and H4 status is fine since I’m heading home anyway. To have return flight booked is primarily to increase the success rate of re-admission back to US on VWP like you all suggested.

The doubt is always if ESTA automatically void H status so no two status occur concurrently. Of course the other non guarantee part for non US citizen with DHS immigration officer’s discretion.

Considering these uncertainties, I may change the plan to avoid crossing border multiple times at all.
 
Colby said:
Thanks for the respond SusieQQQ and 1AurCitizen. Appreciated.

Losing H1B and H4 status is fine since I’m heading home anyway. To have return flight booked is primarily to increase the success rate of re-admission back to US on VWP like you all suggested.

The doubt is always if ESTA automatically void H status so no two status occur concurrently. Of course the other non guarantee part for non US citizen with DHS immigration officer’s discretion.

Considering these uncertainties, I may change the plan to avoid crossing border multiple times at all.
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Again, a return flight is required on VWP, it is not something to “increase chances” - unless you mean you will be denied entry outright without one, which is true.

The status you will be on is the one you present at the border and are admitted on.
 
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