Advice after H1B expiration
May 19th 2009, 8:15 pm
#1
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Advice after H1B expiration
My H1B expires at the end of June. Not a problem.. making all necessary plans. At the same time am considering a move to Canada (apparently my prospects are favourable), so will probably put things in storage in the US instead of taking it all back to the UK.
Question: I want to go up to Canada after leaving the USA just for a small break before going back to England, but also to check out some employment prospects. What is the limitation on coming back into the USA after expiration of an H1B? It would be more to tie up a couple of loose ends and then the flight to the UK.
Thanks.
Question: I want to go up to Canada after leaving the USA just for a small break before going back to England, but also to check out some employment prospects. What is the limitation on coming back into the USA after expiration of an H1B? It would be more to tie up a couple of loose ends and then the flight to the UK.
Thanks.
May 19th 2009, 9:06 pm
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Advice after H1B expiration
The fact that you just finished an H1B, could be cause for concern though.
H1B applicants for admission don't need to maintain a foreign residence, and are allowed have immigrant intent.
B1/B2/WT/WB applicants must be maintaining a foreign residence and are must be able to prove that they do not have immigrant intent.
Leaving the US for a trip to Canada and back could be risky if you have not established a foreign residence.
You could always file a Change of Status application (Form I-539) to a B2 in order to settle your affairs and depart. You could visit Canada on the way back to the UK.
If you decide to attempt the Canada and back to the US trip, be prepared to show a ticket back to the UK in a reasonable period of time, steps you've taken to give up your US residence (turning off the utlities, phone, cable, selling the car, moving the items to storage etc) and steps you've taken to establish a foreign residence.
Keep in mind that you need to depart the US or seek a change of status before the I-94 expires or ASAP if you stop working for the US employer.
If you seek to enter Canada with an expired I-94 with nothing filed, they may refuse to let you into Canada. If they send you back to the US, you may get arrested, ordered to appear before an immigration judge and put in an detention facility/jail until you can post a bond.
Last edited by crg; May 19th 2009 at 9:09 pm.
May 19th 2009, 9:45 pm
#3
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Re: Advice after H1B expiration
There are no specific requirements or limitations for a former H1B seeking to come back to the US for a visit. You will have to be clearly admissible as a visitor.
The fact that you just finished an H1B, could be cause for concern though.
H1B applicants for admission don't need to maintain a foreign residence, and are allowed have immigrant intent.
B1/B2/WT/WB applicants must be maintaining a foreign residence and are must be able to prove that they do not have immigrant intent.
Leaving the US for a trip to Canada and back could be risky if you have not established a foreign residence.
You could always file a Change of Status application (Form I-539) to a B2 in order to settle your affairs and depart. You could visit Canada on the way back to the UK.
If you decide to attempt the Canada and back to the US trip, be prepared to show a ticket back to the UK in a reasonable period of time, steps you've taken to give up your US residence (turning off the utlities, phone, cable, selling the car, moving the items to storage etc) and steps you've taken to establish a foreign residence.
Keep in mind that you need to depart the US or seek a change of status before the I-94 expires or ASAP if you stop working for the US employer.
If you seek to enter Canada with an expired I-94 with nothing filed, they may refuse to let you into Canada. If they send you back to the US, you may get arrested, ordered to appear before an immigration judge and put in an detention facility/jail until you can post a bond.
The fact that you just finished an H1B, could be cause for concern though.
H1B applicants for admission don't need to maintain a foreign residence, and are allowed have immigrant intent.
B1/B2/WT/WB applicants must be maintaining a foreign residence and are must be able to prove that they do not have immigrant intent.
Leaving the US for a trip to Canada and back could be risky if you have not established a foreign residence.
You could always file a Change of Status application (Form I-539) to a B2 in order to settle your affairs and depart. You could visit Canada on the way back to the UK.
If you decide to attempt the Canada and back to the US trip, be prepared to show a ticket back to the UK in a reasonable period of time, steps you've taken to give up your US residence (turning off the utlities, phone, cable, selling the car, moving the items to storage etc) and steps you've taken to establish a foreign residence.
Keep in mind that you need to depart the US or seek a change of status before the I-94 expires or ASAP if you stop working for the US employer.
If you seek to enter Canada with an expired I-94 with nothing filed, they may refuse to let you into Canada. If they send you back to the US, you may get arrested, ordered to appear before an immigration judge and put in an detention facility/jail until you can post a bond.
May 20th 2009, 12:42 am
#4
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Joined: Jan 2004
Posts: 7,598
Re: Advice after H1B expiration
It can take a few months, but you're allowed to remain in the US while it is pending. Departing and seeking to reenter the US while it is pending is not advised.
Here's a link the application.
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
Here's a link the application.
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
May 20th 2009, 5:20 pm
#5
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Re: Advice after H1B expiration
It can take a few months, but you're allowed to remain in the US while it is pending. Departing and seeking to reenter the US while it is pending is not advised.
Here's a link the application.
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
Here's a link the application.
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
May 20th 2009, 5:33 pm
#6
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Advice after H1B expiration
It doesn't list an H1B under the "Who may not file" section.
May 20th 2009, 10:37 pm
#7
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Re: Advice after H1B expiration
Thanks!
May 20th 2009, 10:48 pm
#8
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Advice after H1B expiration
If you decide to take a spin through Canada on the way out, be sure to have the receipts available and a plane ticket from Canada to the UK.
