Hi ,
1) I am in the US on H1B and my I-140 and I-485 is ready to be filed. I
need to
travel to Canada in two weeks for a very short trip (weekend). Can an
H1B travel outside the US while he has a pending AOS? I read that if
you do you are going to be out of status, is that true? Is it safer to
wait till I get back here to file the I-485?
2) The reason I am going to Canada is to complete the landing process
for my Canadian permenent residency. I am only staying there over the
weekend and will be returning as soon as the landing procedure is
complete. Will my getting Canadian PR have a negative effect on my
re-entry in to the US. ( I am using automatic revalidation with a valid
I-94, expired H1B stamp, less than 30 days stay).
Your advise will be very much appreciated !!!
Thanks
L
S P Arif Sahari Wibowo - 16 May 2006 16:59 GMT
> 1) I am in the US on H1B and my I-140 and I-485 is ready to be
> filed. I need to travel to Canada in two weeks for a very
> short trip (weekend). Can an H1B travel outside the US while
> he has a pending AOS? I read that if you do you are going to
> be out of status, is that true? Is it safer to wait till I get
> back here to file the I-485?
IMHO you should ask this in US immigration forum. It have
nothing to do with Canada immigration.
US immigration forum: alt.visa.us misc.immigration.usa
IMHO it is better if you have AP and EAD already.
> 2) The reason I am going to Canada is to complete the landing
> process for my Canadian permenent residency. I am only staying
[quoted text clipped - 3 lines]
> using automatic revalidation with a valid I-94, expired H1B
> stamp, less than 30 days stay).
Probably not. Not sure whether it have any effect on your
greencard application.

Signature
(Stephan Paul) Arif Sahari Wibowo
_____ _____ _____ _____
/____ /____/ /____/ /____
_____/ / / / _____/ http://www.arifsaha.com/
Disclaimer: IANAL, IANALP, IANAMD, IANAMP, IANAAP
my statements - if any - should be treated as such.
Las - 16 May 2006 17:45 GMT
Hengkie.Kurniawan@gmail.com - 27 May 2006 04:08 GMT
Hi L,
You mentioned about the automatic revalidation (valid I94, expired H1B
stamp, less than 30 days stay) for entering the US from Canada. Is this
process still valid?
I thought I read somewhere indicating that the automatic revalidation
is no longer acceptable and an actual valid H1B stamp is required to
reenter the US. Your input is greatly appreciated. Thank you.
Hengkie.Kurniawan@gmail.com - 27 May 2006 04:17 GMT
Hi L,
You mentioned about the automatic revalidation (valid I94, expired H1B
stamp, less than 30 days stay) for entering the US from Canada. Is this
process still valid?
I thought I read somewhere indicating that the automatic revalidation
is no longer acceptable and an actual valid H1B stamp is required to
reenter the US. Your input is greatly appreciated. Thank you.
Las - 28 May 2006 18:43 GMT
Hi Hengkie,
Yes it is still valid. See here
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Where did you read that it was no longer acceptable? All I know is that
the rule slightly changed so that if you applied for a Visa while in
Canada and was denied or If you are from seven listed countries of
state sponsored terrorism then the you cannot use this option.
L