Need suggestion please!

[abaya1423]

Hi,

 

My H1B petition expired 10/31/2013 and I had few weeks from my vacation so applied for an extension if approved my max out date will be 1/4/2014. It is still in initial review because it was not a premium request.

 

I did not apply for GC. I am planning to travel Canada from US. My Canada work permit will likely be approved by mid January based on the current processing speed.

 

Given this situation if my H1 extension decision is not made until 1/4/2014, would it be possible and advisable to stay in US until I get my Canada work permit ? or is it illegal because my max out date is 1/4/2014?

 

Please suggest me some options.

If I leave US and go back to India I cannot go to Canada from India. I may endue applying for a new work permit which will take another 4 - 5 months.

 

thanks,

James