H1 expires in two month, Labor just filed, Work from Canada

[0002852853]

My H1 expires in the next two months (after recapture) and the Labor was just filed. I am aware I will have to spend 365 days outside of the US before a new H1 can be applied.

Now my company is willing to let me work from their Canada office (on Canadian work visa) for one year or so until I can come back to the US either on AC21 or on a new H1B visa after 365 days are over. Now my questions are:

1. Does anyone see any issue with scenario mentioned in the 2nd paragraph?

2. Can I change my status to B2 just before I leave for Canada? This way I can come back into the US for a couple of days every month or so to look after my house which I don't plan to rent.

3. Will this change of status be multiple entry B2 visa?

4. Does the 365 day rule apply to my spouse as well who is on H4 currently? after my H1 expiration if I have spent all 365 days outside of the US but if my spouse has not, will she still be able to qualify for H4 (even though she did not spend 365 days outside the US)?

Thanks for your assistance

[JoeF]

When you are out of the US you by definition don't have a status.

If you want to visit on B2, you'd have to get a B2 visa.

And the time spent in the US on B2 extends the required time abroad.

[t75]

Your wife can only be on H4 status if you are on H1B. If you were to be outside the US for a very short trip, she could stay; you will be relocating and unless she has her own status (h1B, L1, F1, J1) she must leave the US as well.

You may or may not get a B2.

[0002852853]

Thank you JoeF. Much appreciated. Would you be able to answer the 4th question:---Does the 365 day rule apply to my spouse as well who is on H4 currently? after my H1 expiration if I have spent all 365 days outside of the US but if my spouse has not (because my spouse plans to stay in the US on B2 after her H4 expiration), will she still be able to qualify for H4 after my H1 is renewed at the completion of my 365 days?

[0002852853]

thanks t75 but that's not my question. --- My wife will stay back in the US for a few months for kids schooling (by changing status to B2) while I go outside of the US and complete my 365 days. upon completion of my 365 days I get the H1B but now can my wife qualify for H4 even though she didn't spend all 365 days outside the US like I did?

[pontevecchio]

Interesting question. You need Lawyer input.