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  • H1b extension

    My H1b visa is currently expiring in Sept 2015 and have already applied for H1b extension. In addition I had also applied for Canadian PR under FSW. I recently got my visa stamped from Canada and am required to travel to canada within next 6 months to keep my PR valid. Also my current employer as filed for I140 for me.
    My question is can I travel to Canada during this whole scenario. I wanted to travel right now as I didnot want to go through H1b visa stamping in Canada.
    I asked my lawyer and she said I can as long as I have a valid visa and a valid I94.
    I am not sure when we file for H1b extension does our I94 stays valid?
    My husband's visa is expiring in Aug 2015 and his company has also filed an extension for him. He would just get an extension till Dec 2015. When he asked about travelling to Canada from his lawyer, he did not suggest him to travel out of country during extension.
    We are getting two contradictory statements. We both are in the same situation (only his visa is expiring 10 days ahead of mine) but both our lawyers are giving different answers. I am really confused.

    Can we get our H1b stamped from Toronto, Canada?

    What is your opinion/experience??

  • #2
    It is not advisable to travel when the extension is pending with USCIS. If you travel before receiving the extension, then the extension might get denied and the H1B might get approved for consular process (without a new I-94). Yes, you can get your H1B visa stamped in Canada.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by gdil View Post
      My H1b visa is currently expiring in Sept 2015 and have already applied for H1b extension. In addition I had also applied for Canadian PR under FSW. I recently got my visa stamped from Canada and am required to travel to canada within next 6 months to keep my PR valid. Also my current employer as filed for I140 for me.
      My question is can I travel to Canada during this whole scenario. I wanted to travel right now as I didnot want to go through H1b visa stamping in Canada.
      I asked my lawyer and she said I can as long as I have a valid visa and a valid I94.
      I am not sure when we file for H1b extension does our I94 stays valid?
      My husband's visa is expiring in Aug 2015 and his company has also filed an extension for him. He would just get an extension till Dec 2015. When he asked about travelling to Canada from his lawyer, he did not suggest him to travel out of country during extension.
      We are getting two contradictory statements. We both are in the same situation (only his visa is expiring 10 days ahead of mine) but both our lawyers are giving different answers. I am really confused.

      Can we get our H1b stamped from Toronto, Canada?

      What is your opinion/experience??
      It is not advisable to travel outside US while a request for extension is pending with USCIS. If you want speedier decision on your pending extension request upgrade to premium ,get decision in 15 days and then decide.

      This is my opinion not legal advice.

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