Canadian Citizen, H1B extension in progress, previous H1 expired, rules of travel?

[Acharya9099]

Hi, A Canadian Citizen working and living on H1B in USA, if the visa extension is in progress and previous H1 is expired, what are the rules to travel outside USA and returning? What status Canadians can come back?
When I say travelling I mean India or other countries and not Canada.

 

[swan0206]

Hi, A Canadian Citizen working and living on H1B in USA, if the visa extension is in progress and previous H1 is expired, what are the rules to travel outside USA and returning? What status Canadians can come back?
When I say travelling I mean India or other countries and not Canada.

What do you mean by Visa extension is in process and H1 expired? Is it H1 extension is in progress? Or you dropped your documents for dropbox and waiting?

 

[Acharya9099]

I meant the H1B extension in progress which is applied within US which is I-129. Dropbox is when you are already outside US. You can apply for extension while in US and continue working even if you previous H1 expired as far as extension is applied before expiration.

 

[swan0206]

Dropbox is when you are already outside US. You can apply for extension while in US and continue working even if you previous H1 expired as far as extension is applied before expiration.

Thats right.

I meant the H1B extension in progress which is applied within US which is I-129.

Please ask that in an US immigration forum. https://www.trackitt.com/#google_vignette . This is the best place for you.
My 2 cents, ill share what i know, If you travel outside the country other than Mexico or Canada(by road) , your case is void. If you have an approved i140 you can activate your H1 with an existing employer or a new employer anytime. If you wanna leave your H1 for good, you can always enter US as a visitor as you are already a Canadian citizen.

 

[justinline]

Hi, A Canadian Citizen working and living on H1B in USA, if the visa extension is in progress and previous H1 is expired, what are the rules to travel outside USA and returning? What status Canadians can come back?
When I say travelling I mean India or other countries and not Canada.

You would need I797 approval to enter back into US. Whether you travel to India or Canada. From Canada just a I797 go to border or POE, get new I94.
From India keep all the rules and regulations with you, for US bound they sometimes get very anal if they dont see any stamping.
Without I797 approval , you can enter as B1/B2 with H1 pending that will only complicate things. So better would be either wait for I797 approval then travel.
If you need to travel, go out and re enter when I797 approved. Calls for premium processing, I would say.

 

[rohit.joshi]

Thats right.

Please ask that in an US immigration forum. https://www.trackitt.com/#google_vignette . This is the best place for you.
My 2 cents, ill share what i know, If you travel outside the country other than Mexico or Canada(by road) , your case is void. If you have an approved i140 you can activate your H1 with an existing employer or a new employer anytime. If you wanna leave your H1 for good, you can always enter US as a visitor as you are already a Canadian citizen.

@swan0206 I'm currently in Canada with US H1. I'm going to apply for my extension soon. Can I apply for extension and come back to Canada immediately without waiting for approval? Have you seen cases like this where the H1 was approved. I will have buffer time on my existing H1 wherein I can re-enter using my previous H1 and collect my new i797 document.

 

[swan0206]

@swan0206 I'm currently in Canada with US H1. I'm going to apply for my extension soon. Can I apply for extension and come back to Canada immediately without waiting for approval? Have you seen cases like this where the H1 was approved. I will have buffer time on my existing H1 wherein I can re-enter using my previous H1 and collect my new i797 document.

Yep. You can apply for extension and stay inside till the packet reaches USCIS and travel back to Canada. Or else you can wait till you get your receipt number just to have the confirmation and travel back. I would prefer going with premium if you had to travel back soon. I have done this. Few people who travel weekly basis or daily basis do not file premium as seen in the forum.