EAD to H1B


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Currently on EAD(tied to spouse's GC but getting a divorce) and got H1B approval but no I94.

USCIS sent letter that Change of Status has been denied, only sent H1B approval and the Consulate on Chennai has been notified.

So lawyer says I have to go out of the country to get a stamping and added that Canada was risky but I should have no problems getting visa in Chennai.

So far I have been on the following visa statuses since Sep 2001 in the US and have been working full time since 2005.

1) H4

2) F1 -> OPT (Masters degree)

3) H1B from 2006 to 2010 (approvals with I94)

4) EAD 2010 to present

I haven't had a visa stamp for H1B in my passport (only H4 and F1) so unsure if going to Canada would be an option. Or is going to Chennai safer? Has anyone had an experience of converting from EAD back to H1B? Is there a "first time H1B stamp in home country" rule? Opinions/suggestions?

Thanks in advance!

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There is no rule in Canada that first time H1B should be in home country. But usually it's safe if you got stuck in another country rather than home country. You can attend visa interview in Canada though it's first time H1B visa. Fyi, you cannot attend visa interview in Mexico. Hope this info helps!! Good Luck!!

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thank you for the response. i will take a chance and try in canada. is there any consulate that has a higher number of approvals for h1-b stamping? also can someone recommend a safe city to go to? i'm a single woman with no friends in canada and will be making this trip alone. will probably stay in a hotel or try airbnb as it is a cheaper option. thanks again in advance!

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  • 3 months later...

Posting after a long break, since I didn't get the visa stamp. It's a long narrative but I'm hoping to get some advise. So please read on....

At the interview, I was issued a 221-g, white slip with nothing requiring. After the 2nd day though, I got an email asking for my supervisor's contact info, which I promptly provided. The same day my supervisor received an email that he answered. After which I got an email asking for proof of my EAD and prior H1B. Provided it and nothing for 2 days waiting for a couple of days, I emailed the embassy and they asked me to answer the same questions again. Two weeks later got a notice that my application was suspended because of inaccuracies (which they didn't disclose) and they are sending case back to USCIS for further review and possible

revocation. I was shattered but was able to come back to the US on Advance Parole.

Now I'm working for another company and my Q is can I transfer the suspended H1-B to this company? No update on my case for 2 months now and not sure how long it'll take for USCIS to review and reach a decision. Please advise if a new H1B has to be filed or existing one transferred? Thanks so much in advance!

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