H4 to H1B filling, transfer & visit outside US before H1 approval

S

SirZKaGC

Registered Users (C)
Gurus,

I am on H1B, my wife is on H4 & we are planning to visit Canada for Visa renewal in next 2 months (expecting H1 approval soon).

Along with above before this year's quota expires we wish to file H1B for my wife as well.

My question is:
If we file H1B of my wife (say in June 06)
& make a visit to Canada in July 06 & get new H1B/H4 on our passport & new I94 while entering back to US,
Will there be any complication in my wife’s H1B approval process & further (say Nov 06) her rolling over from H4 to H1B status .

Please let us know your suggestion as a best approach in our situation.

Thanks
 
Hi,

Infact I am also in the same situation, I already booked an appointment to Canada on Jun 20th 2006.

Let me explain my scenario

Currently I am on H1B (2nd year) and my visa on passport is going to expire by July 7th 2006 along with my wife's visa(H4). I got H1 transfer recently from a new employer two month back(January 2006) and also I processed H4 for my wife with the new employer. I got my H1 approval for upto Dec 2008

I am planning to go to CANADA for H1 stamping on Jun 20 2006 along with my wife.

Now I am planning to do H4 to H1 transfer for my wife for this year (2007 starting from 2006 Oct).

My question is if I go to Canada On Jun 20 2006, for H1 transfer along with my wife (right now she is on H4), will my wife's H1 transfer which I am doing now will be get cancelled or not?? Is the cancellation depends on new H1 approval or H1 receipt itself.. because she may not get the approval by June 20, 2006.

Please advice me.........

Thanks in advance..
 
SirZKaGC said:
Gurus,

I am on H1B, my wife is on H4 & we are planning to visit Canada for Visa renewal in next 2 months (expecting H1 approval soon).

Along with above before this year's quota expires we wish to file H1B for my wife as well.

My question is:
If we file H1B of my wife (say in June 06)
& make a visit to Canada in July 06 & get new H1B/H4 on our passport & new I94 while entering back to US,
Will there be any complication in my wife’s H1B approval process & further (say Nov 06) her rolling over from H4 to H1B status .

Please let us know your suggestion as a best approach in our situation.

Thanks
Click to expand...
if you visit Canada for H1 and H4 visa stamp and your wife H4 to H1 Change of status is Pending then h4 to H1 Change of status for your wife will be abandoned .
Better file her H4 to H1 COS after visit to Canada
read:
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
 
Well, ginnu I also had the same feeling....

But I came to know that..... this problem will occur only when the H4 to H1 COS is approved.

Let us say...

My H1 and H4 stamping on passport expires by July 18, 2006

My wife's H4 to H1 COS has been applied on May 20, 2006.

We are going for H1 and H4 stamping to CANADA on Jun 20th. So, by this time she can not get her COS approved, because as of today (05/16/2006) they are processing february applications.

So, if we successfully stamped on Jun 20th 2006 in Canada, My wife will be having extension of her H4 upto Oct 2008 along with my H1.

Now let us say my wife's H4 - H1 COS has been approved in August 2006.(first of all will they approve this)

Now my question is, the abandoning of COS in case she goes out of country is depending on
H4 TO H1 application submission or approval (COS approval).

The pdf document (Page 4) in the link says,

http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

"The only problem would come if she re-entered teh U.S. under H-4 after INS has already approved the change of status to H1-B, leaving her with two I-94'S: one received at admission endorsed as H-4 and one dated earlier endoresed H1-B (attached to the approval notice)".

So, this sounds me like it depends on H4-H1 Change of Status approval not the application submission..

Please confirm...

ginnu, Thank you very much for the information you provided...
 
Last edited by a moderator:
The purpose of this memo is correcting misleading info stated in Interpreter Release that as if you can change the status in the US even though you left the US during COS pending. The meme clearly says that leaving the US during COS pending invalidates your COS appliaction.

Having said that, there is some case that going to canada is not treated as leaving the US such as visiting there without surredering I94 or visiting there under VWP. In your case, you are going to get new stamp, thus you will not come under automatic revalidation, therefore, I believe you are considered lef t the US.
 
Last edited by a moderator:
Considering the above situation that we are sure we have to visit Canada & get new visa (H1 for me & H4 for my spouse) stamped & come back to US.

Is it any way possible to get H1B for my spouse within this year?
I mean is it possible to file new H1 other than being considered as H4 to H1 transfer.
Please suggest if there is any provision in law that to take care of this situation.
 
SirZKaGC said:
Considering the above situation that we are sure we have to visit Canada & get new visa (H1 for me & H4 for my spouse) stamped & come back to US.

Is it any way possible to get H1B for my spouse within this year?


I mean is it possible to file new H1 other than being considered as H4 to H1 transfer.
Please suggest if there is any provision in law that to take care of this situation.
Click to expand...
--------- go to Canada get Visa stamped let her enter on H4 status and then file her COS from H4 to H1 in US with Premium Processing FYI the H1 Cap on 05/12/2006 reached 39,445. Also ask her lawyer if her COS can be upgrded with Premium processing, if that is possible then she may get her COS approved in 15-20 days and then go to Canada she gets H1 Stamp and enteres on H1 ( if she gets H1 COS approved she dont need Visa stamp she can start working on H1 as she will have I-94 attached with her approval.) I dont see any other option.
 
Please be with me for a while; the following clarification may be very simple for you but it is important for many to get a better understanding of the process.

----
I heard if someone is using a new H1B visa then he can only start his job after October of the given year as USCIS start giving results for the application only after October.

Q: So does this mean incase H4 to H1b is on Premium Processing then the candidate can start working on H1B the moment he/she receive the approval?

Q: On specific case as that of ours is this possible, please provide your valuable comments? (Using some date to understand better):
Today: May 22
File H4 to H1B Premium Processing: June 10
Received H4 to H1B Premium Processing Approval: June 30
Visit to Canada: July 15
Get H1B stamped (instead of H4, since H1B is already approved): July 17
Return back to US on H1B: July 22
Start working for new Employer (New H1B): July 22

Thanks

.............................
ginnu----->
--------- go to Canada get Visa stamped let her enter on H4 status and then file her COS from H4 to H1 in US with Premium Processing FYI the H1 Cap on 05/12/2006 reached 39,445. Also ask her lawyer if her COS can be upgrded with Premium processing, if that is possible then she may get her COS approved in 15-20 days and then go to Canada she gets H1 Stamp and enteres on H1 ( if she gets H1 COS approved she dont need Visa stamp she can start working on H1 as she will have I-94 attached with her approval.) I dont see any other option.
 
SirZKaGC said:
Please be with me for a while; the following clarification may be very simple for you but it is important for many to get a better understanding of the process.

----
I heard if someone is using a new H1B visa then he can only start his job after October of the given year as USCIS start giving results for the application only after October.

Q: So does this mean incase H4 to H1b is on Premium Processing then the candidate can start working on H1B the moment he/she receive the approval?

No, she can only start working from October 1st or the start date written in H1 application. For current year H1 start date cannot be before October 1st 2006 as on that new visa starts.

Q: On specific case as that of ours is this possible, please provide your valuable comments? (Using some date to understand better):
Today: May 22
File H4 to H1B Premium Processing: June 10
Received H4 to H1B Premium Processing Approval: June 30
Visit to Canada: July 15
Get H1B stamped (instead of H4, since H1B is already approved): July 17
Return back to US on H1B: July 22
Start working for new Employer (New H1B): July 22

Why do you want H4 stamp on your wife's passport. She can stay as long as her I-94 is valid. So I would suggest don't stamp till she gets her H1 approved and then if it is must then go for stamping before 10 days of H1 start date as consulate will not stamp new H1 before 10 days of validity. Also first time stamper should go to there home country for H1 stamping to avoide any issues.

Thanks

.............................
ginnu----->
--------- go to Canada get Visa stamped let her enter on H4 status and then file her COS from H4 to H1 in US with Premium Processing FYI the H1 Cap on 05/12/2006 reached 39,445. Also ask her lawyer if her COS can be upgrded with Premium processing, if that is possible then she may get her COS approved in 15-20 days and then go to Canada she gets H1 Stamp and enteres on H1 ( if she gets H1 COS approved she dont need Visa stamp she can start working on H1 as she will have I-94 attached with her approval.) I dont see any other option.
Click to expand...
 
Providing more explanation on the case:
The trip to Canada is a family trip & since it is kind-of unavoidable & our current stamping have expired so we have to get some visa stamped(H1 for me & H1 or H4 for my spouse).

As ginnu suggested to get H1B stamped & as dsugandhi suggested that H1B will only have date of Oct1st.
Than for the trip to Canada in July leads to only one option of getting H4 stamped for my spouse.

Than it looks like same conflicting situation.
Please suggest in such condition will we be able to use her H1 in the month of Oct.

ANY SUGGESTION OF HELP IS INVITED.
 
here is the soluton.

http://www.murthy.com/news/n_cosapp.html

So

1. either travel to canada before applying for your wife's H4 to H1, get your H1 and her H4 stamped, reenter and apply her H1

2. (I would go for this one since cap may be reached soon) apply for H4 to H1 premium processing with start date Oct 1, get the approval in 15 days, then travel to Canada, get your H1 and her H4 stamped, reneter. her status takes effect on Oct 1 and she can start working then. Thing to remember is do the stamping for your wife only if the current visa is expired and if it is then you will need to first file for her H4 extension along with your (if haven't done so already)
 
gdhiren said:
here is the soluton.

http://www.murthy.com/news/n_cosapp.html

So

1. either travel to canada before applying for your wife's H4 to H1, get your H1 and her H4 stamped, reenter and apply her H1

2. (I would go for this one since cap may be reached soon) apply for H4 to H1 premium processing with start date Oct 1, get the approval in 15 days, then travel to Canada, get your H1 and her H4 stamped, reneter. her status takes effect on Oct 1 and she can start working then. Thing to remember is do the stamping for your wife only if the current visa is expired and if it is then you will need to first file for her H4 extension along with your (if haven't done so already)
Click to expand...

1. Option 2 is the best.
2. For added seurity, get H1 visa stamp before your wife start working by again going to Canada (Not must but to be on more safe side for GC in future).
3. For current Canada visit use automatic re-validation rule if you are traveling by road to Canada. (It only applies if you don't visit US embasy in Canada for H4 stamping)
 
I have somewhat similar problem,I am on H4 & applied for H1B .am willing to travel to india but wanted to wait untill my COS approves ,its regular processing so will take time .
Can i travel after my COS gets approved & after OCT 1st 06.?
If i want to travel say on OCT 2nd what all things i have to consider ?
Will there be any problems if i travel after OCT 1st ? as i will not have any paystub by that time ?
Any info. will help

Thanks
 
You must log in or register to reply here.
Top