H4 ->F1->OPT->H1B stamping

H

H1BCoolie

Registered Users (C)
Hello All,
I came to US on H4 dependent visa. Had changed my immigration status from H4 to F1 and completed my M.S degree here. Got the OPT and have applied for H1-B through my employer. I haven't gone out of US during all these phases. Now, I would like to get the H1-B stamping in my passport. I do not have any other visa in my passport except H4. Would it be safe to visit Canada to get multiple entry H1-B visa? Please let me know if any of you have gone through the same process. Thanks in advance.
 
It is very difficult to predict your success. Maybe somebody with personal experience will respond.
My opinion is that this is conflicting because of the two popular facts
1. If you have a US degree US consulates in Canada will be enthusiastic in granting H1 visa

2. Your H4 to F1 to H1 shows your desire to stick on to US by crook or nook. BIG immigration intent in two past visa stati where immigration intent is taboo..
I am sorry. Of course there is a third alternative which waits for AP or EAD when your I485 is pending (Green card pending)
 
Thanks Jaxen. If I wait for my EAD & AP, Would I be able to travel to India with them and return back to US without any visa stamp? What happens to my H1-B1 status once I use AP at the port of the entry? Can I still continue to work on H1-B1 status or should I use my EAD for work? Thanks.
 
H1Bcoolie,

if yo use AP you should be able to come back without any visa stamp. Whether using AP invalidates H1B or not is a million dollar question. BCIS says, if you keep continue working with the original H1B petitioner after using AP, then you should be able to extend the H1B status. But they are not saying merely using AP, you loose your H1B status. My question is if you are able to extend your H1B status then you are in H1B status even after using AP. Because how can you extend one status if you are not in that status. There were lots of discussion about this and it seems nobody can defenitely say who is right.

Attorney Murthy's web site says, you dont have to use EAD, if you keep working for the original petitioner employer after using AP. Again, some people says you have to use EAD.

I have not seen Jaxen's response to such situation in any of the discussion forums. I would like to see his response in this matter. This is a very important issue for me at this moment.

Lastly, I am not lawyer so just providing my knowledge from the immigration reading in different websites. Check with your lawyer also.

muntasir
 
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