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H1B travel and transfer

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  • H1B travel and transfer

    So I have an h1b stamped till 2022, lost my current job, and found a new one, petition filed for transfer on 60th day ( FedEx receipt received from employer).

    I have the old i797A. Now I have to travel to Canada to validate my PR within the next 6 weeks, can I do so if I get the new I797C?

    Can I travel and re-enter? How long does it take to get the i797C, my employer has filed for regular processing.

    Also, after the h1b stamping last Oct I came to the US, and at the port of entry, they stamped saying h1b and its valid until Aug 2022. However I was doing a day 1 CPT program then and it ended in March 2020, so the online portal where I download my i94 shows class of admission as F1 and validity as d/s. Why is this so? should I go to a CBP correction site to get it corrected?

    Fyi, the old employer might have revoked my H1B.

  • #2
    1. The fedex date does not matter. It is what USCIS considers as "received" for the 60 day rule. This "received" date will be on your receipt.
    2. You should wait till you get your approval before traveling to Canada.
    3. The new I-797 H1 approval will have an I-94 attached to it. So you do not need to get anything at port of entry
    Opinion only. Cannot be construed as legal advice.

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