H4-H1 Status Change Approach Dilema

[bunty14]

Hi:

I have a confusing situation. Let me start with explaining my background. I did my masters in US and left to India and worked there for around 5years. After marriage, my wife got her H1 and moved to US in April this year. I also applied for H1 trough a consultant and got approval in the month of April under the MS quota. Later in July I went for H4 stamping as I wanted to join her sooner rather than October. However, due to my work commitments in India, I ended up coming to US in September.

Now my consultant is insisting on I getting stamping done in Canada before they market my profile instead of filing a COS. I have following question;

A) Is COS better over stamping in Canada?
B) can you also explain how to file a COS
C) can I go to Canada for stamping for H1 while am on H4 (considering I have my masters from US)? If yes, please help me with the procedure
D) If I face any issue at US consulate in Canada, would I still retain my H4 status?

Thank you!

[jairichi]

Hi:

I have a confusing situation. Let me start with explaining my background. I did my masters in US and left to India and worked there for around 5years. After marriage, my wife got her H1 and moved to US in April this year. I also applied for H1 trough a consultant and got approval in the month of April under the MS quota. Later in July I went for H4 stamping as I wanted to join her sooner rather than October. However, due to my work commitments in India, I ended up coming to US in September.

Now my consultant is insisting on I getting stamping done in Canada before they market my profile instead of filing a COS. I have following question;

A) Is COS better over stamping in Canada?

B) can you also explain how to file a COS

C) can I go to Canada for stamping for H1 while am on H4 (considering I have my masters from US)? If yes, please help me with the procedure

D) If I face any issue at US consulate in Canada, would I still retain my H4 status?

Thank you!

Very simple explanation. Your consultant is clever. For a COS your consultant has to pay again H1B fees and to avoid that he wants you to go for stamping where you will pay for everything.

A) Both are same. The only advantage is that you can travel anytime outside US as you have a H1B visa stamped.

B) Your consultant has to apply for a COS from H4 to H1B (a H1B petition but cap exempt)

C)Yes, you can. Apply for a Canadian visitor visa, fill DS160 for US visa, pay fees, book appointment and travel to Canada for visa interview.

D) Yes/

[pontevecchio]

1. COS implies another H1 Petition filing with all the fees involved. Why would he want to pay twice?

2. COS implies another H1 Petition filing which can only be done by the employer. see 1.

3. Yes. Look at the relevant consulate site.

4. Yes, on coming back with a H4 visa.