COS from H1 to H4 by travelling to Canada

[MurthyUser454]

Hello all, I have a question regarding my situation and I hope I can get some answers. I started a thread before and this is slightly different

I am currently on H1B and my current assignment ends in November. I am planning to return to same job after 3 months. So I am planning to apply for H4 along with EAD as soon as possible.

Current Status: H1B for close to 12 years. Current H1B/I94 valid till end of 2019. I-140 approved from previous company

Spouse's Status: Currently on H1B. Went on to H4 and H4 EAD based on my H1B for a couple of years but currently on H1B. I-140 approved from previous company

Here are my questions:

1. Can I go to Canada in November and change my status to H4 from H1? My I94 is valid till next year. Will travelling to Canada and returning to US on H4 grant me Change of Status to H4 and H4  visa stamping? If yes, what is the process? Do I need to go to Consulate or this can be done at the border?

2. Can I apply for H4 EAD before I go to India for a couple of months? Will this cause any issues to my H4 EAD?

Thanks in advance.

[pontevecchio]

1. No. You can visit Canada if you have a visa and get the H4 visa and return making sure to ensure the H4 visa is the basis of your entry. If your spouses H1 status is rock solid and your spouse works for a Good company, you should be able to get it. 

Do you have an existing valid H4 visa?

2. I have no idea. Look up their site. I am assuming your spouse has an approved I-140.

[MurthyUser454]

Thanks Pontevecchio for the reply!

1. I am currently on H1B and I don't have an active H1B stamping. I have a Canadian visa for the Canada visit. Yes, spouse works full time for a fortune 500 company. Am I still eligible for H4 COS and H4 Visa from Canada?

2. Yes, both of us have approved I140(both from previous companies)