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.

 

[Mum2Can]

This is really helpful thread. I'm also in similar situation, current H1-B visa getting expiry by Sep-2024. Just received Canadian citizenship and going to apply H1B extension, considering travel to Canada during extension process will wait till get receipt notice. (trying to file in Premium).

Thanks @swan0206 for your input.

@rohit.joshi : Can you please share your experience, how it's go with H1-B extension while travel out of US (i.e. Canada by road or air)..

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.

 

[IndianIT]

This is really helpful thread. I'm also in similar situation, current H1-B visa getting expiry by Sep-2024. Just received Canadian citizenship and going to apply H1B extension, considering travel to Canada during extension process will wait till get receipt notice. (trying to file in Premium).

Thanks @swan0206 for your input.

@rohit.joshi : Can you please share your experience, how it's go with H1-B extension while travel out of US (i.e. Canada by road or air)..

I'm in the same situation, I'm on PR for Canada and working on H1B in US. I travel to US back and forth weekly/daily. My H1B expires Sep 30th, extension is in process for last 2 months. I have B1/B2 active. Will I be able to travel to US while my extension is in process? Or do I need to stay outside US until my H1B renewal is approved and I get my H1B Visa stamped in Canada?

 

[swan0206]

I'm in the same situation, I'm on PR for Canada and working on H1B in US. I travel to US back and forth weekly/daily. My H1B expires Sep 30th, extension is in process for last 2 months. I have B1/B2 active. Will I be able to travel to US while my extension is in process? Or do I need to stay outside US until my H1B renewal is approved and I get my H1B Visa stamped in Canada?

Better to apply for premium. The border officials might question you why are you changing it to B1/B2. If its only for business/visit/shopping purposes like very rarely say once every month they are fine but if you want to travel daily/weekly I dont think thats suggested. If you are ok to stay outside US till you get H1 approved you can do that. Or else if you need H1b for travel to work quite often better upgrade to premium that will give you a piece of mind.

 

[IndianIT]

Thank you. What will be the processing time I Premium? After approval do I need to get the H1B visa stamped again in Canada? If yes, will I be able to get the appointment (assuming drop box) soon?

 

[swan0206]

Thank you. What will be the processing time I Premium? After approval do I need to get the H1B visa stamped again in Canada? If yes, will I be able to get the appointment (assuming drop box) soon?

Premium processing would take anywhere between 4-14days from the time application reaches USCIS. Thats right. You need to go for stamping in Canada. However, dropbox have been faster in Canada lately.

 

[swan0206]

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.

Yes you can. But you need to be inside the country till the packet reaches USCIS. Then you can travel. Just to avoid any RFEs better go with premium. You would thank yourself later for the decision!

 

[Mum2Can]

UPDATE on H1B Extension Process in 2024 :

I became a Canadian citizen in early 2024 + US H1B was set to expire on 30-Sep-2024.

In August 2024, I went to the US and initiated H1-B Extension. I got approval in 3 days in the premium process. I was in the US for 2 weeks till I saw approval status on the case status tracker. I travelled back to Canada after approval, and the company attorney sent an approval notice to my Canadian address.

After that, I have crossed the US-Canada land border multiple times and ensured to visit the US CBP office to get updated I-94 once by paying $6 fees. Once that is done, next visit you aren't required to go to the CBP office for I94 as the previous I-94 expiry will remain the same. This one I was able to identify based on the below experience:
- Visit 1: after new approval notice's new I-94 expiry was for July 2027, cross the border without CBP border office visit so get old I-94 expiry of 30-Sep-2024
- Visit 2: After crossing border, visit CBP office to get I-94 updated to July 2027
- Visit 3 .. N : Just showed Canadian PP + approved I97 to Immigration office (without going to CBP office), and my old I-94 remains the same to July 2027.

This is really helpful thread. I'm also in similar situation, current H1-B visa getting expiry by Sep-2024. Just received Canadian citizenship and going to apply H1B extension, considering travel to Canada during extension process will wait till get receipt notice. (trying to file in Premium).

Thanks @swan0206 for your input.

@rohit.joshi : Can you please share your experience, how it's go with H1-B extension while travel out of US (i.e. Canada by road or air)..

 

[swan0206]

UPDATE on H1B Extension Process in 2024 :

I became a Canadian citizen in early 2024 + US H1B was set to expire on 30-Sep-2024.

In August 2024, I went to the US and initiated H1-B Extension. I got approval in 3 days in the premium process. I was in the US for 2 weeks till I saw approval status on the case status tracker. I travelled back to Canada after approval, and the company attorney sent an approval notice to my Canadian address.

After that, I have crossed the US-Canada land border multiple times and ensured to visit the USCIS border office to get updated I-94 once by paying $6 fees. Once that is done, next visit you aren't required to go to the border office for I94 as the previous I-94 expiry will remain the same. This one I was able to identify based on the below experience:
- Visit 1: after new approval notice (Approval notice's new I-94 expiry was for July 2027) - cross the border without USCIS border office visit so got old I-94 expiry of 30-Sep-2024
- Visit 2: After crossing border, visit USCIS border office to get I-94 updated to July 2027
- Visit 3 .. N : Just showed Canadian PP + approved I97 to Immigration office (without going to USCIS border office), and my old I-94 remains the same to July 2027.

Congratulations. thanks for sharing your inputs in the forum. By the way, a small correction here, the office that you are visiting in the border is not USCIS office.,its a CBP office. CBP and USCIS are different bodies.