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H1 to H4 COS Filed, Can I travel to Canada or Mexico for H4 stamping?

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  • H1 to H4 COS Filed, Can I travel to Canada or Mexico for H4 stamping?

    Me and my husband had H1b visa and we were both working out of location A with my I-94 validity until 9/17/2018. My husband got a new job at location B though a new employer hence I decided to quit my job and join him on H4 visa. I filed H1B to H4 change of status (I-539) application with an effective date in Sep 2017. After filing the application with USCIS, I started talking to local job consultants to check about the job market and opportunities at Location B. They are willing to help me find new job opportunities and if I find one, they will eventually file a petition for H1B in premium which would be cap exempt since I already had H1b visa.

    However, looking at various online forums, I realized that since I already filed H4 COS, I can't file H4 to H1b COS again until my H4 COS is approved. Currently, at Vermont center where my H4 COS is filed, it is showing approximately 5-6 months of waiting time for H4 COS application to be processed hence I am thinking to go to Canada or Mexico which would abandon my COS application, get H4 visa stamped based on my Husband H1b, and look for job opportunity after H4 is stamped. My questions are below:

    1. Is my approach to travel to Canada or Mexico to get H4 stamped is valid?
    2. If yes, what would be my status from the last date of my job/pay date (09/15/2017) until I stayed in US?
    3. If I would be out of status during that time then how would it impact me in future for H1b filing, extensions or GC process?

  • #2
    Originally posted by sash2 View Post
    Me and my husband had H1b visa and we were both working out of location A with my I-94 validity until 9/17/2018. My husband got a new job at location B though a new employer hence I decided to quit my job and join him on H4 visa. I filed H1B to H4 change of status (I-539) application with an effective date in Sep 2017. After filing the application with USCIS, I started talking to local job consultants to check about the job market and opportunities at Location B. They are willing to help me find new job opportunities and if I find one, they will eventually file a petition for H1B in premium which would be cap exempt since I already had H1b visa.

    However, looking at various online forums, I realized that since I already filed H4 COS, I can't file H4 to H1b COS again until my H4 COS is approved. Currently, at Vermont center where my H4 COS is filed, it is showing approximately 5-6 months of waiting time for H4 COS application to be processed hence I am thinking to go to Canada or Mexico which would abandon my COS application, get H4 visa stamped based on my Husband H1b, and look for job opportunity after H4 is stamped. My questions are below:

    1. Is my approach to travel to Canada or Mexico to get H4 stamped is valid?
    2. If yes, what would be my status from the last date of my job/pay date (09/15/2017) until I stayed in US?
    3. If I would be out of status during that time then how would it impact me in future for H1b filing, extensions or GC process?
    1. Yes.
    2. Though you are out of status, you are considered in a period of authorized stay as you filed COS before H1 status expiry.
    3. No.

    This is my opinion not legal advice.

    Comment


    • #3
      H1 to H4 COS - Can I go to Canada for H4 stamping?

      Hello. I am in a similar boat. I am on H1b visa since 2014 and had stamping in india in 2015. My H1b and i-94 was expired on September 12th 2017 and My employer has applied for extension (regular processing) on September 5th 2017. I received the Receipt notice from USCIS.

      I am eigible to apply for h4 EAD and I am getting good job opportunities that the clients are not sponsoring for my H1b. I am planning to convert to H4 and apply for EAD.

      Questions I have:

      1. Can I transfer my H1b on receipt notice(while my i-94 has expired) to another employer? Do i get my new h1 approval with valid i-94?
      2. If I plan to convert to H4, Can I go to Canada at this point of time(on H1 applied status and i-94 expired) and attend for h4 stamping and come back on h4?

      Please clarify. I am really worried about my situation. Any help is greatly appreciated.

      Thanks
      Shrav

      Comment

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