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Questions on travel to Canada and back to USA in H1-B status. Please see details section for background and questions.

San Jose, CA |

BACKGROUND: My H1-B visa on my passport has expired but have a valid H1B approval notice that expires mid-May 2014. My company will start my H1-B extension soon (extension beyond the 6 year term as my labor application for green card has been filed). I need to go to Canada for a couple of weeks around end of April 2014.

QUESTIONS:I have the following questions:
1. Is it OK for me to travel to Canada and back with my expired H1-B visa and valid H1-B approval notice?
2. Does my travel to Canada have any effect on my H1-B extension application or my PERM labor application?
3. Any other document you think I should take with me to re-enter USA safely.

Attorney Answers 3

Posted

Question 1 relates to automatic visa re-validation process and based on the facts you provided you should be able to do that if the trip is fewer than 30 days.
Question 2 is unclear if you mean whether the travel will affect a pending extension petition or if the extension petition is submitted after your return from Canada. If the latter I don't see any facts in your question that would adversely affect the extension petition.
Question 3 -- this is a very open ended question; of course there are the basic travel documents and documents that verify you are still working for the H-1B employer. Beyond that I am not sure what you mean by "re-enter USA safely."
Finally you should discuss any particular specifics in your situation with your own attorney or your employer's attorney so that you do not jeopardize your employer's H-1B extension petition.

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Posted

Your question is way to detailed for the online forum like AVVO. Talk to an immigration attorney who is handling the case for the employer. In general, to return from a 30 day or shorter trip in Canada or Mexico a nonimmigrant with a valid I-94 who maintains the status in the USA, one only need that I-94 and valid foreign passport.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

Do not abuse Avvo that is designated for a general legal opinion as your case required a detailed legal consultation with your counsel of record.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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