Changing from H1B to H4

[wdhdsk]

Hi,

Here is case details

My wife was on F1 OPT until  her H1B is approved in 2014 and she is currently working

which is valid until Sept 2017 (also VISA) but she would like to apply for H4 because of EAD rule and personal reasons. We are planning to visit Canada so can she go to Canada to change status from H1B to H4? 

 

1.  If H4 is rejected can she come on H1B visa, which is valid until Sept 2017 (including VISA)?

2. If approved can she give work 2 weeks (notice period) on H1B?

 

any suggestion is appreciated.

 

thanks

 

[cap-gap]

Hi,

Here is case details

My wife was on F1 OPT until  her H1B is approved in 2014 and she is currently working

which is valid until Sept 2017 (also VISA) but she would like to apply for H4 because of EAD rule and personal reasons. We are planning to visit Canada so can she go to Canada to change status from H1B to H4? 

 

1.  If H4 is rejected can she come on H1B visa, which is valid until Sept 2017 (including VISA)?

2. If approved can she give work 2 weeks (notice period) on H1B?

 

any suggestion is appreciated.

 

thanks

why not do COS for H1 to H4..

 

chances of H4 rejection in your case may be very minute..I have  read atleast one case here where the consulate cancelled the existing stamp "without prejudice" but then new stamping was sent for admin processing..generally that is done only when extending the same status stamp..you may consider it as worst case scenario..

 

if entered on H4 from back form Canada, it will be effective immediately..no chance of two weeks notice..

[wdhdsk]

Thanks for your reply...

 

why not do COS for H1 to H4..

Currently COS from H1 to H4 taking lot of time (sometimes more than 6 months) and it's hard to travel outside US during that period. That's why I want to apply outside US

 

[pingpong]

i advice you to follow cap-gap's suggestion. I have been in the boat where i had to travel back to home country because my application was put on admin processing in a 3rd country (Mexico) and trust me its not fun.