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Temporarily Leaving US While B1 Application Pending

Temporarily Leaving US While B1 Application Pending

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Old Jan 11th 2006, 5:53 pm
  #1  
williammaw
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Default Temporarily Leaving US While B1 Application Pending

I am a Canadian, currently in the process of transitioning from H1-B to
B1 business visa. As of now, I have supplied the supporting evidence
in response to a request from USCIS.

If I leave US temporarily by air - for family matters - and reenter
under the visa waiver program before I hear back from USCIS, how would
it complicate my application? My main concern is the case going
abandoned automatically or surrendering the entitlement for acquiring
assistance of an attorney when the need arises.

Thank you in advance ...
 
Old Jan 12th 2006, 2:37 am
  #2  
crg
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Posts: 7,598
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Default Re: Temporarily Leaving US While B1 Application Pending

Originally Posted by williammaw
I am a Canadian, currently in the process of transitioning from H1-B to
B1 business visa. As of now, I have supplied the supporting evidence
in response to a request from USCIS.

If I leave US temporarily by air - for family matters - and reenter
under the visa waiver program before I hear back from USCIS, how would
it complicate my application? My main concern is the case going
abandoned automatically or surrendering the entitlement for acquiring
assistance of an attorney when the need arises.

Thank you in advance ...
Canadians can't participate in the visa waiver program, but they are normally visa exempt.

If you depart while the change of status is pending then the application is abandoned. Even if they send you an approval once you return then it's not valid.

You can seek a new period of admission upon return to the US. If you can prove to the officer at the border that you are admissible to the US as a visitor for business and be admitted, then the change of status isn't relevent anyway.

If you leave the US while the application is pending, then you are still in lawful status unless you violated the status some other way.

What type of activity do you plan to conduct as a B1? A B1 doesn't normally entitle you to do any actual work anyway, especially for a US employer.
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Old Jan 12th 2006, 4:15 pm
  #3  
williammaw
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Default Re: Temporarily Leaving US While B1 Application Pending

Thank you for setting me straight. I intend to follow up on a few
patent issues, and find parties inerested in financing and
commercialization.


crg14624 wrote:
    > > I am a Canadian, currently in the process of transitioning from H1-B
    > > to
<< snip >>
    > > Thank you in advance ...
    > Canadians can't participate in the visa waiver program, but they are
    > normally visa exempt.
<< snip >>
    > What type of activity do you plan to conduct as a B1? A B1 doesn't
    > normally entitle you to do any actual work anyway, especially for a
    > US employer.
    >
    > --
    > Posted via http://britishexpats.com
 

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