h1b stamping in Canada

[ldap]

hi,
I am currently employed on an h1b. my h1b got approved in 2009, while i had an i485 pending. and the i485 got denied in 2010. my h1b is valid til 2012. i got my bachelor in the us, and has worked for 3 yrs with the same company. i was thinking about going to canada to get my h1b stamp. i'd like to know if there may be complications. I have never been out of status. i went from f1 status to h1b. thanks in advance for your inputs.

[shervin143]

There will be no issues as long as you carry all the required documents. No one can predict if there will be a 221g issued or not. Just be prepared if there was a 221g and if it delays your return.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

[ldap]

There will be no issues as long as you carry all the required documents. No one can predict if there will be a 221g issued or not. Just be prepared if there was a 221g and if it delays your return.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

thank you for the reply. the one thing that concerns me a bit is that the i485 denial notice I received, said since it was denied i have to leave the country otherwise preceedings will be taken. I called customer service telling them i am on h1b. so they told me just take your h1b documents to the local office so they update the system with it, when i went down to the local office, the lady told me the screen she's looking at says my case is pending. i said "here i have the denial notice". anyways, I just wanna make sure my case is updated in the system b4 i leave the country. otherwise won't it be considered abandonment of case? in which case, i don't want it to affect my stamping. or are local office systems different from the main immigration one? otherwise, they should known a decision was made on the case, and that i was on h1b?

[txh1b]

As long as you have not used the EAD or Advance Parole, you can continue maintianing the H status even on a 485 denial if you have not used up all the 6 years of H1b.

[ldap]

As long as you have not used the EAD or Advance Parole, you can continue maintianing the H status even on a 485 denial if you have not used up all the 6 years of H1b.

ok. thank you. yea, I only had the EAD card for my opt, and did not apply for one during the filling of my i485. nor did i get an advance parole. F1 was my status when i filed the i485, and my h1b got approved while the i485 was pending, then when it was denied i was still on h1b; and still am on h1 til 2012. do you have any ideas on why the lady at the local office saw that my case was pending, while i had already received the decision notice? thank you.

[txh1b]

Some people in local offices don't even know to use their own system. It also depends on the access level of that person.

For instance, if you call USCIS call center, the L1 customer service just has access to whatever you see on Online Case status page. Level 2 had more indepth access.