Help! H1B visa stamping from Canada

C

CalvinX

Registered Users (C)
I have I-140 and 485 pending (still waiting for my AP). I just got my new H1B authorization last week. I'm a Canadian. Can I go to Canada to get my H1B visa for an upcoming business trip?

If I leave USA without AP, is my GC considered abandoned?

Gurus please help.....if anyone has recommendation on which consulate is better - Montreal or Toronto, that will be very helpful. Hopefully it is not a big hassle to get the H1b visa???

Help!
 
Hi
I think it's better for you to wait until your AP is approved and you receive the approval copies. Then you can leave USA and apply for a H1B visa. Even in case you cannot get H1B visa, u can still get into USA using AP

GC is considered abandoned even if you visit canada too
 
But..

even if the H1 visa were to be denied, can i not re-enter USA by showing my Canadian passport?
 
Hi
You cannot I think (I don't know about canadian citizens but other countries u cannot)
U could come back to USA before
This rule was changed following sept 11
 
CalvinX

You can enter into US showing your Canadian passport but then you are not allowed to work.
 
CalvinX,

The key question here is :
1. Have you used EAD to work in the US EVER?

If the answer to the above is NO, then you can definitely enter the US using your H1. Just remember to take your original 485 receipt with you when you enter the country on your H1 and show it to the immigration officer. That is all that is required for your AOS to continue as before without being marked for abandonment.

If it helps, that was exactly what I did (went to Canada, got my H1 stamped, and entered without problems).

Good luck and have a safe trip!

If you haven't done so already, please consider joining us in our fight for speedier approvals. All you need to do is send out a couple of faxes, to your congressman to join our voices in calling for faster processing of 485's. This campaign is already producing results, that are tangible and recorded in some of the other threads on this forum. Please help in helping yourself out of this misery. Support the FAX CAMPAIGN. (The link is available at the bottom of this post in my signature). What do you have to lose?
 
1. I don't think Canadians require any visa to enter US -> you being Canadia should know better about that.
2. I don't think you can get H1 visa after you have applied for 485-> something to do with not having applied for immigration.
HTH
 
I am also Canadian, with H-1B awaiting AP. Same as you, exactly. I will obtain my H-1B extension any day.

My understanding is that you do not need to have your passport stamped - all you need is a new I-94 card, which you can obtain at the border on your way back in.

I asked my attorney and he told me *NOT* to travel without AP. Although there is conflicting information on the issue, even on the CIS web site, he told me to remain in the U.S. until I got AP (even though I would be re-entering with a valid H-1B.

Cheers!
 
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