COS from H1 to H4 (US/ India/ Canada?) -- URGENT

[new2nyc]

Hi Everyone,

I am in my 6th year, filed PERM which got rejected.
Since my H1 is getting over in March-2014, we are planning to start COS to H4. My husband is on H1b (GC under process - 140 cleared). He is a full time direct employee from last 1 year with a company (earlier he was contractor).

My questions are:
1) We are planning to file for my H4. My husband has not gone outside US from last 10 years. Would that be a question when I file for my H4?
2) Which is safer - to file from India OR to file from Canada (based on past experiences?)?
3) If we file COS to H4 from US - it takes about 3-4 months. We want to save the remaining 2months (or atleast sometime) on my current H1. Is that possible?
4) Any chances of rejection, based on above info.?


Please suggest. Urgent!!

Thanks!

[kadkhiq81]

COS from H1 to H4 (US/ India/ Canada?) -- URGENT

1. I don't think, As long as your husband maintains his H1 status correctly. You are good.

Hope you are going to apply only COS and there will not be any question in I 539 form whether your husband left out of the US or not.
2. If you would like to continue to stay here with out leaving the country, then you need to apply COS to H4. When you go out of the country, then you need to go for stamping to come back again on h4 visa.

No one can predict anything.

This is my opinion.

[new2nyc]

COS from H1 to H4 (US/ India/ Canada?) -- URGENT

Thanks for your reply. Can you please also suggest the below options, that would be really helpful:

Suppose we file papers for H4 on Feb-1-2014 and I resign from my current employer as well.

Would that be able to save my remaining time on H1?
Or
My employer has to revoke my H1, then only my remaining time period will be saved? If yes, then how to convince the employer to revoke H1?

Really appreiate your response on this.


Thanks!