to waitintoolong

[missjulie]

thanks for response

my H1B expired on August 3rd. I need to return to the US as my apartment is there...I live there ect. I applied for renewal 5 months ago, and it is still pending. I just want to know if I will be admitted to the US as a visitor until my renewal is approved. I know I can't work until the renewal is approved, and I will need to return to Canada to have it validated. I just want to get into the US. I fly into NY and go through customs there, and I am concerned that they will send me back to Canada. Is this making sense?

 

[waitin_toolong]

well it appears that ur visa on the passport is expired, now the question is r u a canadian citizen, then maybe the airlines will let you in even if the stamp on passport is expired as canadian citizens can enter as tourist without applying for visa. But if u do not belong to visa waiver country no airline will let you board.

Another thing is regarding ur extension application, well if you take another status the extension is presumed to have been abandoned, as u cannot extend a status u no longer have. In that case you will have to apply for a new H1.

If it has been 5+ mths since you applied maybe you should get a lawyer to inquire about the case, and check the processing times for ur center on www.uscis.gov. and see if ur service center is processing applications in ur time frame.

You may get the extension any time now so just get someone to send the approval notice to you, get a new stamp and then enter.