H4 stamping in Canada after out of status on F1 ?

[ambi]

Hi,

My wife entered USA on F2 Visa. My status changed from F1 to H1B on October 1st.
However, H4 was not filed for my wife. We realized this within a month and applied for Nunc Pro Tunc(NPT) for her in early November.

I understand that the NPT process will take 4-6 months and I am thinking of going to Canada and get her H4 stamping done so that she is not out of status.
Is that advisable ? Are there any reasons her H4 stamping may not be done in Canada ?

Thanks and Regards
Ambi

[shervin143]

It is risky to go to a third nation country for visa stamping when you have accumulated illegal stay or out of status period. If you do, then better go prepared to stay a bit longer there in case they put your case under admin processing. For this very reason, people go to their home country when they have accumulated out of status period so at least they don't have to stay in hotel if the case goes into AP.

[ambi]

It is risky to go to a third nation country for visa stamping when you have accumulated illegal stay or out of status period. If you do, then better go prepared to stay a bit longer there in case they put your case under admin processing. For this very reason, people go to their home country when they have accumulated out of status period so at least they don't have to stay in hotel if the case goes into AP.

Hey Shervin,

Since the NPT may still take 3-4 more months, I am almost sure on going back to India very soon so that the Accumulated stay is not beyond 180 days.
The current out of status period is from Oct 1st i.e. around 4 months.

Any chances H4 stamping can get rejected in India ? I will be carrying the I797 for NPT application with me.

Your help will be much appreciated.

[ambi]

Hey Shervin,

Since the NPT may still take 3-4 more months, I am almost sure on going back to India very soon so that the Accumulated stay is not beyond 180 days.
The current out of status period is from Oct 1st i.e. around 4 months.

Any chances H4 stamping can get rejected in India ? I will be carrying the I797 for NPT application with me.

Your help will be much appreciated.

Hey Shervin143

H4 was approved. The fact that we had NPT filed helped. It made the case very genuine.
Now we will withdraw NPT.

Thanks.