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unique situation PLZ Help.......

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  • unique situation PLZ Help.......

    Hello friends
    I am here on h1B. My company has applied for I140 vhich is supposed to be completed in august 2008. My wife is on h4. She applied for H1B but unfortunately did not make it through the lottery. The company she has got a job is putting an offer for her to work in canada for 1 year and come back to usa next year either on L1 or through H1.
    Fortunately my company has offices in Canada and they are allowing me tobe deputed to same place as my wife's company. Is it possible for me to go to canada looking at my current status and still maintain the H1B status and green card procedure. Will I be able to enter USA next year?

  • #2
    I don't see any issues in getting back to H1. You can re-enter with a valid visa/I-797/job. You can go work in canada as long as you have proper work authorization there.

    GC can continue if the employer agrees that they will take care of it while you work in Canada. I think there is nothing to take care of anyway till you are eligible to file the I-485, which may or may not happen depending on PD/Country/Category.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      You will not be in H1b status but your green card can carry on if your employer is okay with continuing that.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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      • #4
        the employer is asking me to be deputed on a project in canada. Can I go out on a project on my H1 status

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        • #5
          Any status is possible only when one resides in the US. How can you maintain H1 status outside US? You can come back again on H1b. Maintaining H1 status is not a requirement for the GC if one is outside the US.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment

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