H1B - Canada PR

[rajesh1947]

All, 

Im on H1B with approved I140 (3 years ago) and my current H1B is valid for one more year. My spouse has H4 EAD. We are moving to Canada as PRs

Questions,

1. Will my visa will be revoked immediately and wont be able to come back ?

2. In future, if i want to come back to US. will be I40 be considered for CAP exempt H1B ?

[satya2k1]

1. As soon as you leave the employer, your H1status is gone.  But if you have valid H1B visa in your passport, that can be still use the visa in future to enter the USA with an approved H1 petition from a new employer.

2. I believe, your h1B will be cap exempt for extension based on approved I-140.

[NotAnAttorney]

1. Your employer is bound by law to inform USCIS that you are no longer working for them and withdraw the H1B.

2. In future you would be cap-exempt when a new employer or same employer files H1B for you as you have approved i-140.

[rajesh1947]

Thanks a lot. I will have valid H1B visa in passport even after my employer informs USCIS. So if try for Visitor visa from Canada will they ask why or remove my h1b ?

[Provence]

What would a visitor visa be used for? 

B2 requires non-immigrant intent, not possible with an approved i140. 

[satya2k1]

On 9/21/2018 at 11:15 AM, rajesh1947 said:

Thanks a lot. I will have valid H1B visa in passport even after my employer informs USCIS. So if try for Visitor visa from Canada will they ask why or remove my h1b ?

If you have valid H1B visa in passport, and a valid I-797 from a new employer, you don't need a B2 visitor visa.  you can travel on H1B visa with new I-797.  Don't go for B2 visa,  B2 status is not eligible for work authorization.

[rajesh1947]

If quit the H1B employer and move to canada. Can my spouse on H4-EAD stay in the united states till it expires ?

[pontevecchio]

No. She cannot. First become Canadian Citizens and then travel to the USA is easy.

[Provence]

2 hours ago, rajesh1947 said:

If quit the H1B employer and move to canada. Can my spouse on H4-EAD stay in the united states till it expires ?

No.  H4 becomes invalid as soon as the H1b gets terminated (by quitting). 

Moreover, doesn't Canada have residency requirements for PRs that inhibit long-term stay outside Canada? 

[satya2k1]

19 hours ago, rajesh1947 said:

If quit the H1B employer and move to canada. Can my spouse on H4-EAD stay in the united states till it expires ?

When you quit H1B employer, you h1b is gone.. so there is no H4.  You H1 and your spouse H4 status expire on same date.  AS you know, H4 is totally H1 dependent. You spouse will not have H4 status.

[rajesh1947]

On 9/24/2018 at 8:02 PM, Provence said:

No.  H4 becomes invalid as soon as the H1b gets terminated (by quitting). 

Moreover, doesn't Canada have residency requirements for PRs that inhibit long-term stay outside Canada? 

There is a requirement. we are moving. 

On 9/25/2018 at 12:16 PM, satya2k1 said:

When you quit H1B employer, you h1b is gone.. so there is no H4.  You H1 and your spouse H4 status expire on same date.  AS you know, H4 is totally H1 dependent. You spouse will not have H4 status.

I still have two more weeks for my last day with H1B. Planning to file COS to B2 for my spouse and im leaving the county. What are the odds of approval ? 

[satya2k1]

She can apply for COS to B2, however, it would take at least 3 to 6 months to get an approval.  I believe, you are looking for some time for your wife to wrap up some things before moving.  If you are looking to get her B2 status early, then I would suggest to move the family to Canada and apply for B2 visa in Canada as Canadian PRs.  That would be the faster way.