Leaving Country While Waiting for H1-B

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cdn74

Registered Users (C)
I have a application into Texas for an H1-B. It was received 01/27/03. I see from the backlog that I can't expect to get it any time soon. I have a trip planned to Canada for May. My H1-B probably won't be processed by then. Is it ok that I leave the country while i'm waiting for it???

:confused:
 
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This is tricky...

1) Ideally if you leave when you are extendig status on H1 or changing status to H1 you must not leave the country.
however if it is just a H1-H1 transfer...one attorney' office specifically said that it is ok..I dont like it since if you leave the country and come back before the approval of the H1 petition then your latest I-94 is no longer the I94 on the approval notice that will get issued but the I-94 issued at the airport. This could lead to your getting out of status once you go past the airport I-94 date.
Having said that if you are just going to canada for less than 30days and have a valid H1 visa or have a valid I-94 and are not from one of the special reg countries..you can choose not to submit your I-94 so it is as if you never left the USA.
My wife and I had the same exact problem 2 yrs ago when we went to canada for a week when her h4-h1 was pending..but we came back with the same I-94s and no one ever asked about that visit...even for our 485 filing the lawyer said that there is no way for the INS to know that you had left the country (although there was one stamp on the passport by canada customs)...bottom line since we retained our I-94s the H1 apporvals I-94 had the same number and was the latest one so my wife could start working.

Bottom line: If you can avoid the trip ..please do. if you are doing just an H1-H1 transfer and going for less than 30 days, have a valid H1 visa and current valid I-94..then if you dont submit your I-94 then you are ok. if you are doing a COS to H1 then please consider not going..
 
I'm going from a TN to H1. I am from Canada.

The only time I get a new I-94 is when I renew/get a new TN. I am not doing that at this time. My current TN is valid till October so I don't need to renew it. So if I fly in and out without getting a new I-94 then my I-94 on my H1 application is unchanged. It will be as you say as if I never left the country. So I will the same i-94 number. Great. I don't need to submit the I-94 so we're all good.
 
You will be ok...

In your case..I dont think your passport will be stamped either by the candaian customs or the INS..so no record of your visit will exist.
However TN to H1 is change of status...ideally you must not be leaving the USA.
 
I am in similar situation. My H-1 extension is in process and i dont expect it to be completed before June. But i am going to india for a month in apr/may to get married. SO, what do i have to do after i come back to straighten this out. Can i send my latest I-94 copy to INS, if the H-1 is not yet processed? Can I get out of the country and get a new I-94 before the one issued in the airport expires?
Thanks
 
Your situation is different.

Cdn74 being a canadian national has the advantage of being able to go to Canada and come back in 30 days and it is as if his visit never occured since his I-94 never got submitted.

You have to submit your I-94 to the airlines while going back to India..if your H1 extn is in progress the I-94 on that which is supposed to have your current I-94 number will no longer be valid since you would have travelled and come back on a new I-94 that is valid only until your current visa validity. and while you may still continue to work at your company until the current validity of your visa/I-94 combination..the extention of your permission to work due to your new H1 approval will no longer be valid..until you go out again and get a new h1 visa based on that and then come back in again.

Avoid all this nonsense..dont leave the country until you get your H1 approval..get it done in15 days by paying 1K more..then get out get a new visa or at the entry show your updated notice of approval and get a new I-94 valid upto the end of the extn notice.
 
instead of wasting 1k to INS, i would rather go to canada or mexico, spend a weekend there and get a new visa. It might cost less than 1K. ofcourse, assuming that it wont be a problem getting it in canada / mexico, after coming back from india.
Or, I can visit canada/mexico and on the way back i can show the approval notice and get a new I-94 for me and my wife valid for couple of more years. Will there be a problem?
 
The 1k isn't a waste for all the hassle your going to go though traveling to another country.. don't be cheap just pay the money and make your and your wife's life easier .... it will be well worth it. :)
 
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