RealCanadian

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windsorguy2005

Registered Users (C)
I filed for my I-485 2 weeks ago. I am a canadian citizen on H1b and have to frequently visit (every week) canada due to family ties. Is there going to be an issue crossing the border without the I-485 receipt? ....My H1b is valid till 2009. Will the I-485 application be considered abandoned? I read somewhere that H1/H4 folks can travel without the I-485 being considered abandoned. I am still worried though.

Any help would be appreciated.
 
RealCanadian,

Can you please shed some light on this? Why do you feel that travelling without 485 is OK?

I mean, in worst case, what could happen? RFE/reject?

Please navigate to see: 8 CFR §245.2(a)(4)(ii)(C)

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff82c


(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa ( if required) and the original I-797 receipt notice for the application for adjustment of status. The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 sta tus, and, the alien is in possession of a valid H-4 or L-2 visa (if required) and the original copy of the I-797 receipt notice for the application for adjustment of status. The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remain s eligible for K-3 or K-4 status. (Amended 8/14/01; 66 FR 42587 ) (Revised effective 4/1/97; 62 FR 10312 )
 
little_tongya said:
RealCanadian,

Can you please shed some light on this? Why do you feel that travelling without 485 is OK?

I mean, in worst case, what could happen? RFE/reject?
Click to expand...


B'cuz this guy is traveling on H1b.

read from your own quote :

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa ( if required) and the original I-797 receipt notice for the application for adjustment of status.
 
Read I485 filing instructions

windsorguy2005,

Please go to uscis.gov and download instructions pdf file for I485. See page number 10 (left column, first paragraph). It does not state specifically about H1B holders but seems like a general instruction about travel when your I485 is pending. VERY IMPORTANT NOTE!

I would suggest that you talk to your lawyer and if you donot have one, then call up or email some good lawyer and if necessary, do paid consultation.

Hope this helps.
 
My wife is a Canadian citizen and she travels extensively between Canada and the US. All she shows the officers is her H1b paperwork... they dont even ask her for her AP (which she has).

I wouldn't worry about it if I were you..
 
No Problem Travelling With H1b

windsorguy2005 said:
so I can travel to Canada every week without any issues to my 485 application?
Click to expand...

Let me reiterate in light of all the concerned posts as my experience should ease your mind. Absolutely no problem crossing back and forth as long as your H1B is current. You don't even need advance parole unless you think you may be caught in an out of status situation while waiting for an H1B extension. I've travelled between Windsor/Detroit dozens of times while in the same situation - the officers at the tunnel and bridge won't even ask about your I-485. Same holds true when returning to the USA from Mexico - if you fly into DTW you won't even need to get a new I-94 (at airports like Houston and Atlanta you will, but surprisingly not LAX). When coming back from Europe through DTW or any other US hub they will exchange your I-94 but I've never been asked about adjustment of status. They probably have access to the information but have neither the time nor inclination to dig to get it. I should mention that I'm Canadian also.
 
Hello SS-2004.

Please read the sentence till end

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa ( if required) and the original I-797 receipt notice for the application for adjustment of status.
 
I am in the same situation. I am on H1B working for a Canadian company in US. I have to go to Ottawa HQ once a month. I also have I-485 filed with EAD and AP.

When I cross border in Ottawa and Toronto, they always ignore my H1B and go straight to the AP paper. They say once you filed I-485, then you should use AP to travel on board. I still keep renewing my H1 though as a backup. This is because sometime the AP renewal takes a long time to approve and I want a backup.

Cheers,

Paul
 
They say once you filed I-485, then you should use AP to travel on board. I still keep renewing my H1 though as a backup. This is because sometime the AP renewal takes a long time to approve and I want a backup.
Click to expand...
My understanding is that once you use AP, H1-B become invalid. Is this special in Canadian border?
 
Technically you need a multiple entry H1 visa issued by the US embassy. The US customs have the right to refuse your entry without showing the visa depends on their mood that day.
 
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