New job outside US but visiting using "unexpired" H1b

[nspalladio]

Hello,

I was on an H1B in the US till now and it expires in Dec 2005.

However, I left my US job only about two weeks ago and went to Canada - so have a Canadian work permit (expiring in 2007) stamped and stapled on my Passport. The US H1B visa expiring Dec 2005 is also stamped on my passport. Now I need to reenter the United States from Canada for a 4 day work-related trip very soon.

I can very well apply for a B1/B2 US visitor visa in Canada and get it (considering my academic credentials - I am a professor in a University in Canada and was also in the US) but the visa appointment queue extends far into August/September 2004 which is useless.

Questions: Can I use my H1B work permit to re-enter the US, attend an academic conference (my travel arrangements are all finalized) and then go back to Canada? The NY trip needs to commence five days AFTER my job in Canada commences.

After I complete this trip I am also applying for a B1/B2 visa for future visits.

What are the alternatives and what should I be concerned about?

Thanks

 

[ishw]

Your work authorization is based on employment. Technically the minute you leave the job the US visa is suppose to be expired. But you should be still able to enter US. I don't forsee any problems. ( what you need to think when you do the above action is : Do you know if your employer has already informed INS about your termination of US visa ?)

Earlier I did the same thing once and I did not have problems. Then I looked out for another job and transfered my visa to that employer. But I did not have any issues entering USA from India.

This is all the informaion I have. I thought it is good to share.