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Immigration Issues/travelling while theh1b visa in process

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Question
Hello, Please help which advise
I'm Ukrainian national who has a TD visa, and I-94,valid through August 2009.
My husband is a Canadian who has a TN visa and I94, also valid through August 2009. He recently applied for H1B visa(docs were sent in the last week of March 2009)(I'm in the application as a dependant)
Now I need to do the two days trip in Canada(to write my Canadian citizenship test)
I worry about next things:
Will they let me back in the United States (since the changing of status is pending), and
Will it influence on our H1B application process if they find out that we applied for one; can they abandon my husband's(or my)status(or application)?
Thank you
Oksana

Answer
Oksana,
You cannot travel out of the country while your change of status is pending. It will result in the USCIS considering your application as abandoned.  I would strongly suggest that you not travel and if necessary you could premium process the H-1B application.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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