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H1b/H4-Sabatical condition

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  • H1b/H4-Sabatical condition

    Situation:

    Spouse having an H4 keeps travelling to USA, working in Canada, filed a Consular H1B with location Canada, through the company and got approved, but she is Pregnant and cannot immediately join work on Oct 1st.

    Condition:
    1) We dont want any illegal status of being.
    2) Her Canada visa expires soon by Sept/Oct, and as she said she will be traveling to USA renewal is not happening.
    3) She wants to enter in H4 as she wont be able to work for 3-4 months say Oct to Jan, and then use the H1 visa.
    4) Consular Interview location specified is Canada, but citizenship is India. As I said Canada visa expiring.

    What are the best options for us:
    1) Stamp H1B in Canada, but I assume, please correct me if I am wrong, as soon as she stamps H1b her H4 is void and she cannot travel back on H4. Is it even possoble to stamp H1b and travel on H4 and at a later stage as we have an h1 stamped already we would just need i-94 amendment. I mean is it even possible scenario.
    2) Not do the stamping and enter on an H4, and at a later stage do the Amendment from Consular to Change of Status.
    3) Not to do the stamping and enter on H4, and then at a later stage, apply for a visitor visa in Canada and go for a Consular Interview. Here is it advisable to change the Consular Interview Country as Home country instead.
    4) If there are any other better options anyone can think of please do let us know.

  • #2
    Originally posted by guptasaurabh View Post
    Situation:

    Spouse having an H4 keeps travelling to USA, working in Canada, filed a Consular H1B with location Canada, through the company and got approved, but she is Pregnant and cannot immediately join work on Oct 1st.

    Condition:
    1) We dont want any illegal status of being.
    2) Her Canada visa expires soon by Sept/Oct, and as she said she will be traveling to USA renewal is not happening.
    3) She wants to enter in H4 as she wont be able to work for 3-4 months say Oct to Jan, and then use the H1 visa.
    4) Consular Interview location specified is Canada, but citizenship is India. As I said Canada visa expiring.

    What are the best options for us:
    1) Stamp H1B in Canada, but I assume, please correct me if I am wrong, as soon as she stamps H1b her H4 is void and she cannot travel back on H4. Is it even possoble to stamp H1b and travel on H4 and at a later stage as we have an h1 stamped already we would just need i-94 amendment. I mean is it even possible scenario.
    2) Not do the stamping and enter on an H4, and at a later stage do the Amendment from Consular to Change of Status.
    3) Not to do the stamping and enter on H4, and then at a later stage, apply for a visitor visa in Canada and go for a Consular Interview. Here is it advisable to change the Consular Interview Country as Home country instead.
    4) If there are any other better options anyone can think of please do let us know.
    Both option 1 and 2 would work. Risk with option 1 is that if the consulate cancels the H4 while granting the H1 visa, it could cause issues. Though you can request them to not cancel your existing H4, but obliging on that request would depend upon the consulate.

    This is my opinion not legal advice.

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