H1B to H4 - Change of Status

[knewbee]

Am currently in the US on a valid H4 visa.

My petition for H1 has been approved a couple of days ago.

Due to personal reasons I want to continue to stay on H4.


(1)Can I go out of the country and come back on H4 to change my status?

(2)Can I go to Canada for a week and hand over my H1B I-94 at the port-of-exit and then request for a new H4 I-94 on port-of-entry? Is there a minimum time that I need to be out?

(3)Would I considered to be H1B out-of-status if I go out and re-enter within a few weeks of approval.

(4)In future if I want to change my status to H1B. What are the implications of this brief H1B period.

Thank you for your replies.

 

[ginnu]

Am currently in the US on a valid H4 visa.

My petition for H1 has been approved a couple of days ago.
--------------------was it H4 to H1 Change of status?
Due to personal reasons I want to continue to stay on H4.


(1)Can I go out of the country and come back on H4 to change my status?
----------------Yes (if you have valid H4 visa and your spouse on H1 status)

(2)Can I go to Canada for a week and hand over my H1B I-94 at the port-of-exit and then request for a new H4 I-94 on port-of-entry? Is there a minimum time that I need to be out?
------------------- if you take a flight for Canada then Airline will not ask for your I-94 but if you want to give they will take it. when take flight from Canada to US you can get new I-94 and you face US immigration at Canada airports before you take flight to US. if you drive to Canada you can give your I-94 to Canada immigration and when enter US can get I-94 by paying 5 or $6.
(3)Would I considered to be H1B out-of-status if I go out and re-enter within a few weeks of approval.
------------ one can enter on H4 if you have H4 valid visa stamp.
(4)In future if I want to change my status to H1B. What are the implications of this brief H1B period.
----------------------again US employer has to file H4 to H1 COS.
Thank you for your replies.

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[knewbee]

Thanks for your input.

(1)Yes the recent H1B approval was with COS

(2)Is there a minimum time period one needs to be in Canada before re-entering on H4 ? (e.g one week etc)

(3)Where can I find the details on the "process of re-entry". As you said that I will face US immigration at Canda airport? Please explain.

(4)Should I not face US immigration at the US airport (Port-of-entry).

(5)What will be impact of this (quick H1B to H4) in the future H1b.

Thanks again.

 

[ginnu]

Thanks for your input.

(1)Yes the recent H1B approval was with COS

(2)Is there a minimum time period one needs to be in Canada before re-entering on H4 ? (e.g one week etc)
----------------No minimum time required. one can enter same day.
(3)Where can I find the details on the "process of re-entry". As you said that I will face US immigration at Canda airport? Please explain.
--------------------- US immigration is at Canada Airports. once you take a flight from Canada for US you face US immigration at Canada airport before you take flight for US and can get new I-94.
(4)Should I not face US immigration at the US airport (Port-of-entry).
-------------------NO as the POE is at Canada airport and Flight to Canada is considered as domestic flight.


Thanks again.

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