Re: Temporarily Leaving US While B1 Application Pending


> I am a Canadian, currently in the process of transitioning from H1-B
> to
> B1 business visa. As of now, I have supplied the supporting evidence
> in response to a request from USCIS.
>
> If I leave US temporarily by air - for family matters - and reenter
> under the visa waiver program before I hear back from USCIS, how would
> it complicate my application? My main concern is the case going
> abandoned automatically or surrendering the entitlement for acquiring
> assistance of an attorney when the need arises.
>
> Thank you in advance ...

Canadians can't participate in the visa waiver program, but they are
normally visa exempt.

If you depart while the change of status is pending then the application
is abandoned. Even if they send you an approval once you return then
it's not valid.

You can seek a new period of admission upon return to the US. If you
can prove to the officer at the border that you are admissible to the US
as a visitor for business and be admitted, then the change of status
isn't relevent anyway.

If you leave the US while the application is pending, then you are still
in lawful status unless you violated the status some other way.

What type of activity do you plan to conduct as a B1? A B1 doesn't
normally entitle you to do any actual work anyway, especially for a
US employer.

--
Posted via http://britishexpats.com
.

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