Can I travel to Canada when My initial H1-B is under processing

[I amGautam]

Hi,

I recently received my CoPR and I am yet to do the border crossing from the US. My H1-B was picked up in the lottery for FY19 and RFE was issued. My employer and the attorney are working on responding to that RFE. I have a valid F1 visa till May 2019.

My CoPR also expires in May 2019.
1. Can I travel to Canada (do the border crossing & return to US in few days) when my H1B is under processing?
2. If yes, should I travel only by road or can I also fly in?
3. Will there be any delays/hold on my H1B petition?

Thank you in advance for your valuable thoughts.

Regards,
Gautam

 

[appidisr]

1. No, you cannot leave the country while your H1B is under processing that too with RFE, you are officially on H1B now your F1 visa is not valid.
2. NO
3. It will process under regular timing irrespective but you cannot return to US without valid visa.

 

[appidisr]

I'm on H1B trying to get Canadian PR, my application is in process. My advice is that get out of US and find your career in Canada. You will have more difficult time ahead if you live in US.

 

[rohit.joshi]

Hi,

I recently received my CoPR and I am yet to do the border crossing from the US. My H1-B was picked up in the lottery for FY19 and RFE was issued. My employer and the attorney are working on responding to that RFE. I have a valid F1 visa till May 2019.

My CoPR also expires in May 2019.
1. Can I travel to Canada (do the border crossing & return to US in few days) when my H1B is under processing?
2. If yes, should I travel only by road or can I also fly in?
3. Will there be any delays/hold on my H1B petition?

Thank you in advance for your valuable thoughts.

Regards,
Gautam

Hey Gautam,

1)You can travel to Canada while your H1-B is in processing. Only issue would be Change Of Status would not be approved once your H1-B petition is approved. If you want to start working on H1, you will have to leave the country, get your visa stamped and then come back.
2)Anything should be fine. Just have your travel i-20 and other docs handy.
3)As I stated in first point, COS won't be approved.

Thanks,
Rohit