Status after B1 entry expires and before stamping of H1b?

[hak]

Hi

My current 1 yr entry on B1 expires on August the 3rd. My H1b is approved which I plan to get stamped from Canada. My current appointment is 28th august. What will be my status between these 2 dates and should I try to get it stamped before 3rd aug or is it ok?

Thanks

[txh1b]

You lose your authorized stay after I-94 expires and should leave the country before that. Otherwise, visa stamping and future entry are at stake.

You can enter on H1b only after sept 21st.

[hak]

sept 21st????

my H1b approval is from 1st august 2008 till 31st july 2009. Can you plz throw a lil more light. Thanks

[txh1b]

May be yours is not from the new 2009 fiscal year or it is cap exempt. I assumed it was Oct 1st.

[hak]

yes this is exempt from the cap!

so if this is approved from 1st Aug, can I go to canada on 28th August for interview although my B1 I-94 expires on 3rd August? What will be my status in between? Is it bad?

Thanks!

[txh1b]

Does not matter if it is cap exempt or not, you have to leave before August 3rd or will become illegal and face visa issues.