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Travel to Canada and back in USA

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  • Travel to Canada and back in USA

    I plan to drive to Canada next week through East coast border but i am unclear on the ease of returning back to the united states. I already have a stamped h1b with my current employer expiring in Nov 2021. I plan to be in canada till september end and I wanted to know what kind of documents or rules are required or applied when you are returning back to the united states. My H1B extension application is still under processing but i do have a stamped visa until nov 2021. Please advice if anyone has recently travelled to canada and back and what was your experience? Thanks in advance.

  • #2
    Land entry to the US is still limited to essential travel, but entering the US to work is included in essential travel, so there should be no problem there. Your H1b petition application will at the same time also apply for Extension of Stay. However, if you leave the US while your Extension of Stay is pending, you will automatically abandon it. When you re-enter the US, if your new H1b petition is not yet approved, you will only be admitted until the expiration of your current H1b petition. And then even when the new H1b petition is approved, your status will not be extended -- in order to have an I-94 for the new petition period, you would have to either leave and re-enter the US again, or the company would have to file I-129 again for you. If your new H1b petition is approved by the time you re-enter the US, you can present a copy of the new petition approval and be admitted until the expiration date of that.

    This is my personal opinion and is not to be construed as legal advice.

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