Travelling to Canada with H1B COS pending

[Sarah1777 0]

Hi everyone!

For those who know, people are getting answers regarding their H1B selection in the lottery this year.

I got selected

Now, my question is linked to travelling under the a Change of Status pending. I am currently under a J1 Intern that will expire in October, just in time for my H1B to start so I will have no gap between my visas.

My lawyer never told me not to travel with a H1B pending until the day my petition was filed. At that time I had planned two trips to Mexico and Canada. I asked my lawyer about this right away and she told me that I should be fine if they don't take my I-94 when I get on the plane, which they most likely won't do especially for Canada and Mexico and for each trip less than a week. If they do take it, then I will have to go back to France around October to get my visa stamped and come back - not really an issue, that will give me time to see my family

I traveled to Mexico on April 26th, they did not take my I-94 at departure and I got back on the 30th no questions asked.

I found out that USCIS processed my case on the 29th which is when I was in Mexico and nothing happened to my case (no abandonment of COS). I now need to go to Canada at the end of the Month and was wondering if this will be the same thing.

If they don't take my I-94 am I fine coming back and maintaining my COS?

Will I be let back in on my J1 which will still be valid for another 5 months again or am I pushing my luck? We always hear about the F-1 and their OPT but what about the J1?

Thank you!