consider the case of an individual "X" who has an unexpired H4 visa and a later approved H1B approval notice with I94 card attached and wishes to travel to Canada for landing purposes and come back to US. I485 has been filed for "X"
"X" should be able to show both the H4 visa AND the new H1B approval notice with the I-94 attached at the bottom, to enter the US. "X" should not require a new H1B visa as long as the visit is less than 30 days. However, "X" absolutely MUST NOT represent that he/she is in H4 status. He/She is entering in H1B status,as shown by the new I-94 and approval notice, but due to the "contiguous territory rule", provided the visit is less than 30 days he/she can use the old visa from the previous category to enter, along with the new I-94.
The above is the case of my wife and she has got her H4 stamped in Toronto, Canada in Dec 2002. Please let me know if we would be able to enter US in the above scenario. Pls reply earliest as we have to travel next week.
"X" should be able to show both the H4 visa AND the new H1B approval notice with the I-94 attached at the bottom, to enter the US. "X" should not require a new H1B visa as long as the visit is less than 30 days. However, "X" absolutely MUST NOT represent that he/she is in H4 status. He/She is entering in H1B status,as shown by the new I-94 and approval notice, but due to the "contiguous territory rule", provided the visit is less than 30 days he/she can use the old visa from the previous category to enter, along with the new I-94.
The above is the case of my wife and she has got her H4 stamped in Toronto, Canada in Dec 2002. Please let me know if we would be able to enter US in the above scenario. Pls reply earliest as we have to travel next week.