Canadian PR returns US w/ H1 Pending
 

Hi. A friend of mine has some questions and would appreciate some
help.

1. My friend is a landed Canadian PR
2. Her H1 extension is pending
3. Current H1 has expired
4. Currently on H1
5. She has a British passport

She needs to go back to Toronto for some urgent personal reasons. I
understand that with a British passport, being a Canadian PR, she can
enter US without a visa. Question is when she enter US, does she enter
on a H1 status or B1 status? If it is B1, does that mean her H1
extension will be cancelled? Does it matter if she travels by air /
land? Or she really should wait for her H1 extension approval notice
before leaving the country?

Re: Canadian PR returns US w/ H1 Pending
 

You should repost in the US immigration group for the best answer.
--
Jim Humphries, former visa officer
"yee" wrote in message
news:[email protected]...
    > Hi. A friend of mine has some questions and would appreciate some
    > help.
    > 1. My friend is a landed Canadian PR
    > 2. Her H1 extension is pending
    > 3. Current H1 has expired
    > 4. Currently on H1
    > 5. She has a British passport
    > She needs to go back to Toronto for some urgent personal reasons. I
    > understand that with a British passport, being a Canadian PR, she can
    > enter US without a visa. Question is when she enter US, does she enter
    > on a H1 status or B1 status? If it is B1, does that mean her H1
    > extension will be cancelled? Does it matter if she travels by air /
    > land? Or she really should wait for her H1 extension approval notice
    > before leaving the country?

Re: Canadian PR returns US w/ H1 Pending
 

yee wrote:
    >
    > Hi. A friend of mine has some questions and would appreciate some
    > help.
    >
    > 1. My friend is a landed Canadian PR
    > 2. Her H1 extension is pending
    > 3. Current H1 has expired
    > 4. Currently on H1
    > 5. She has a British passport
    >
    > She needs to go back to Toronto for some urgent personal reasons. I
    > understand that with a British passport, being a Canadian PR, she can
    > enter US without a visa. Question is when she enter US, does she enter
    > on a H1 status or B1 status? If it is B1, does that mean her H1
    > extension will be cancelled? Does it matter if she travels by air /
    > land? Or she really should wait for her H1 extension approval notice
    > before leaving the country?

Leaving the US will cause her extension of status to be considered
abandoned, although the H1B extension in terms of job approval will be
valid. Once she leaves the US, she can only re-enter on a B2 ... but
she will likely be refused B2 entry unless she can clearly demonstrate a
home elsewhere! And even if permitted entry, when the H1B is approved,
she'd have to leave and re-enter to get H1B status again!

She really should wait until her H1 extension is approved, because at
least she can continue to work. If she leaves the US, that's it ... no
work until approved.

Re: Canadian PR returns US w/ H1 Pending
 

When she comes back, they will stamp H1B at the port of entry.

So... she will be back on H1B. But she should show a valid I-797 at the port of entry.

A of mine just got that done.

Re: Canadian PR returns US w/ H1 Pending
 

mark007007007 wrote:
    >
    > When she comes back, they will stamp H1B at the port of entry.
    >
    > So... she will be back on H1B. But she should show a valid I-797 at the
    > port of entry.
    >
    > A of mine just got that done.

But her H1B visa has expired, so she cannot re-enter on an H1B. She
hasn't got the extension approval.