HIB Visa Stamp and Last Entry

[Noela]

Hello,

I have been on TN-1 since 2005, with yearly renewals until 2010, when my college applied for an H1B for me. This was approved in March 2011.

Since I received the approval notice (I-797), I have not travelled out of the US. Thus my last date of lawful entry was in 2009 when I applied for my last TN-1 at the border.

Now, I plan to visit Canada by the end of this year:

(1) on my departure, do I surrender my I-797 to the Canadian authorities ?

(2) on my return, do I have to validate my passport with an H1B stamp and get a new I-94?

(3) And does a new I-94 reset my date of last legal entry from 2009 to 2011?

Thanks very much for your input.

Rgds, Oyiwaa

 

[angela20]

College is the employer

College applied for H1B Visa? You work in college

When was the petition to obtain H1B Visa applied? Seems you have over stayed.

 

[Noela]

Not Overstay

hello,

Thanks for your response. I got a 3yr TN in 2009 which is still active till 2012. However, my college applied for the H1B in Feb 2010 through premium processing, which was approved sometime in May 2010. Does that still imply an overstay ?

rgds, Noela

 

[littleadv]

Hello,

I have been on TN-1 since 2005, with yearly renewals until 2010, when my college applied for an H1B for me. This was approved in March 2011.

What FY is that? I.e.: what's the first day from which it is valid, Oct 1st, 2011, or March, 2011?

Since I received the approval notice (I-797), I have not travelled out of the US. Thus my last date of lawful entry was in 2009 when I applied for my last TN-1 at the border.

Now, I plan to visit Canada by the end of this year:

(1) on my departure, do I surrender my I-797 to the Canadian authorities ?

No, you don't. But you might need to surrender the I-94.

(2) on my return, do I have to validate my passport with an H1B stamp and get a new I-94?

Yes, you need to get an H1B visa before getting to the border, and get a new I-94 with "H1B" status on it (maybe they'll keep the one that you received with the I-797, maybe give you a new one).

(3) And does a new I-94 reset my date of last legal entry from 2009 to 2011?

Yes.