H1 to H4 after H1B extension rejection - working from Canada


Viky_01

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Hello,

My wife was on H1 b, her extension got denied and her I94 also expired by the time USCIS denied the extension. She has travelled to India after the employer received the denial notice, Her employer is trying to get her work permit for Canada and at the same time we are trying to get her H4 stamping done in india. I have a few questions,

a)  Will there be issues if she gets the canadian visa stamped first and then goes for H4 visa interview? Could this be cause of concern for VO? or is it better to get H4 stamped first. She does not intend to get EAD and will wait for her employer to refile H1 once her i140 gets approved.

b) if she gets the H4 stamping done, will there be issues travelling to USA monthly or bi monthly during weekends?

c) is it a good idea to apply H4 from Canada?

Any response would be greatly appreciated.

 

Thanks,

Viki

 

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1. I don't see any issues having Canadian visa and then going for H4 stamping. Any specific reason why she doesn't want to use EAD?

2. No issues

3. She can apply from any consulate if she meets the requirements for the visa and has the documents to support her case. 

16 hours ago, Viky_01 said:

Hello,

My wife was on H1 b, her extension got denied and her I94 also expired by the time USCIS denied the extension. She has travelled to India after the employer received the denial notice, Her employer is trying to get her work permit for Canada and at the same time we are trying to get her H4 stamping done in india. I have a few questions,

a)  Will there be issues if she gets the canadian visa stamped first and then goes for H4 visa interview? Could this be cause of concern for VO? or is it better to get H4 stamped first. She does not intend to get EAD and will wait for her employer to refile H1 once her i140 gets approved.

b) if she gets the H4 stamping done, will there be issues travelling to USA monthly or bi monthly during weekends?

c) is it a good idea to apply H4 from Canada?

Any response would be greatly appreciated.

 

Thanks,

Viki

 

2. 

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17 hours ago, Viky_01 said:

Hello,

My wife was on H1 b, her extension got denied and her I94 also expired by the time USCIS denied the extension. She has travelled to India after the employer received the denial notice, Her employer is trying to get her work permit for Canada and at the same time we are trying to get her H4 stamping done in india. I have a few questions,

a)  Will there be issues if she gets the canadian visa stamped first and then goes for H4 visa interview? Could this be cause of concern for VO? or is it better to get H4 stamped first. She does not intend to get EAD and will wait for her employer to refile H1 once her i140 gets approved.

b) if she gets the H4 stamping done, will there be issues travelling to USA monthly or bi monthly during weekends?

c) is it a good idea to apply H4 from Canada?

Any response would be greatly appreciated.

 

Thanks,

Viki

 

a) No issues.

b) No issues.

c) Home country is better always.

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