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H1 extension and H1--->H4 COS stamping at Canada

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  • H1 extension and H1--->H4 COS stamping at Canada

    I would like to get some information and advise on how to proceed with my case below.

    My wife and I are going to Ottawa, Canada for visa stamping with the below details...

    1. I am on an H1-B visa and have been with the same employer for last 6 years and I am on a 3 year extension as I have my I-140 approved. I have been working for the last 9 years on H1-B have no lapse in my employment whatsoever.

    2. My wife was also on an H1-B (stamped visa) from Oct 2006 - Dec 2008. However, she hasn't been getting pay checks from April 2007 - Dec 2007 because she was on bench for part of this duration and also a medical leave of absence for the remaining part. We applied for a H4 COS from within the US in Oct 2008. This petition is still pending at the USCIS.

    3. In the meantime her license has expired and now she cannot even get out of the house to do anything. The DMV will not renew the license withought a current visa. We are planning to go to Canada and get my H1-B stamped and also apply for the H4 COS for my wife.

    4. I have all the documents regarding my H1-B and also all the documents about her previous H1-B and we also have a copy of my wife's H4 pending case status from USCIS.

    5. My only concern is the gap that she had from April - Dec 2008 where she was on H1 status but not getting any paychecks. Will this cause any issues even though she is applying for an H1-->H4 COS now?

    Sorry for the length of my post, but I would really appreciate it if someone who has been in a similar situation can provide some information about this.

    Thank You

  • #2
    Not getting paychecks means out of status.