Canadian PR Landing + H1B Stamping to re-enter US

USA H1B Visa
1

So here is quick snapshot of my situation

  • H1B started in Oct 2014 and will end in Nov 2020
  • Last visit to India was made & H1B Stamped in Oct 2016
  • Changed employer in Nov 2019. H1 transfer approved with a Visa expiry date of Nov 2020 in the new I-797. Right now working for an American Not-for-profit org on a full-time basis.
  • I am yet to receive My spouse’s I-797/ H4 Visa approval document from USCIS. I have received mine though.
  • New employer has shared following Green Card process timelines
    • Q1 2020: File PERM Labor Certification with DOL
    • Q2 2020: DOL approves PERM (DOL processing times have held steady at 2-3 mos)
    • Q2 2020: File I-140 with premium processing (15 calendar day processing).
    • Q2-Q3 2020: File H-1B extension with I-140 approval.
  • Applied & received passport submission request for Canadian PR via express entry
  • Potential date by which I will have to complete landing in Canada is May, 2020.
  • Between now & May, 2020 whenever I exit the US for Canada, I will require a new H1B VISA stamp in order to re-enter the US

With the above, I have the following questions-

  1. Is it safe to make an appointment for H1B visa stamping/interview at the US consulate in Canada or is it better for me to enter Canada and then fly to India for completing the stamping formalities in India?
  2. Given that my 6 years of H1B will expire in Nov 2020, what is the likelihood of my H1B stamping application being denied or me and my wife denied re-entry to the US?
  3. Would it be wise to make 2 separate stamping interview appointments, first in Canada and then in India, so that if the one in Canada sees rejection, I can avail/attempt the interview in India?
  4. Can my wife go to the Visa Stamping interview (in India or Canada) without her I-797/H4 Visa approval document?
  5. Will a new H1B Visa stamp/new I-94 number generated for re-entry have any adverse effects on the I-140 application?
  6. In the event my wife and I are denied re-entry to the US, is it possible to re-enter the US on some other temporary visa so that I can terminate my apartment lease, sell car etc.?
  7. What other options do I have to complete the PR landing process in Canada and re-enter the US after completing stamping formalities?
2

You do not need stamping to exit and re-enter, if it is for short time visit. You can use Automatic Visa Revalidation

Given your situation, it is slightly tricky to get visa stamping. If you can avoid travel, you can use the above mentioned option and then come back to US.
You could go for stamping in Canada, but there are cases, where you may be asked to go to India…just need to be prepared for that situation.
No, getting new I-94 will not have any impacts with I-140…
Well, if your visa is denied, there are no other options…You need to be prepared for the worst and plan…You may get B2 and try to re-enter, but it can be tricky to get that stamping too…
Some of these are hard decisions to take…Discuss with your attorney and make an informed decision. My view is to use the AVR process and avoid stamping.
Do update your situation here for community benefit.