下面是International offer对我的问题的回答, 大家看看对不对! 多谢!!
Q1:I just have a question about travel to canada in next year. I currently holy J-1 visa. I will adjust to H-1B status next Feb.(Already approved) Then in August I would like to attend a conference in Canada. I heard about that I can come back to US with my valid I-94, instead of appling for H-1B visa.(This rule only apply to Canada and Mexico) I want to know if this is true. If this is true, do I need some other document from you? If not, what should I do?
A: Because you will be in H-1B status officially by that time, and you will be on business in Canada, I recommend you file for a new visa while in Canada. This makes it cleaner and clearer to the port of entry what you intentions are. If you already had an I-94 that was stamped as H-1B, I would tell you okay, but in this case, you I-94 is marked J. I feel you are better requesting the visa.
Q2:The problem for me to apply for H-1B visa in Canada is, if they deny my visa application, I heard about that then I can’t come back to US. Is this true? Is there any risk for me to come back to US with my valid I-94?
A: An H won't be denied? Why would you be denied. The primary reason one get's denied is because of intent to immigrate. An H allows for the intent to immigrate. If you were changing to an F, I would agree w/your information. But as an H, I believe that you are safe from these kinds of denials.
Also, if you re-enter with your J even though you haven't been inspected again, you could still loose the H status. Please think carefully on your travel and/or re-entering without going through inspection.
Q3: They can’t deny my application. But how about background check? may I re-enter US during the check?
A: If you leave the US and are not inspected back in as a H-1B then you remain in J status as the last I-94 issued to you states. Therefore, it would be imperative that you receive a new I-94 stating your H-1B status.
Q4:Firstly, by the time I travel to Canada, I am on H-1B status, so I can use my new I-94(for my H-1B status), is this right?
A: The I-94 you have for the H-1B works WITH the I-94 that you receive when you enter the US. The primary and overriding document, if you want to refer to it as such, is the I-94 that you receive when you enter the US.
Q5:Secondly, what is "not inspected" mean? Is this mean I re-enter US with my I-94?
A: Being inspected is what happens when you arrive at the port of entry and receive a new I-94. If you don't receive a new I-94, then you aren't inspected by immigration officials and you re-enter the status for which the last I-94 you received at the port states. In your case, the J status.
Q6:Finally, you said I need "receive a new I-94 stating my H-1B status", is this mean I need to re-apply for H-1B?
A: When the Immigration officials inspect your documents (the approval notice and your visa and passport) they will stamp your new I-94 as H-1B. This is the inspection process. No, you won't have to reapply for the H-1B, you do need a new H visa, however.