H4 to H1b, candidate in Canada

[Rambhatla1205]

Hello,

 

I am on H1b and my husband is on H4. He is currently residing in Canada. He studied there and on work visa currently. He is filing for H1b this year. We decided that if he gets h1b then he will move to USA, which will be in October 2014. But one of my friend said that my husband should be in USA at the time of filling and so on. In that case he should quit job in Canada and move with me to USA. He don't want to quit job until his H1b is approved. Let me know if it is true. 

[jairichi]

Hello,

 

I am on H1b and my husband is on H4. He is currently residing in Canada. He studied there and on work visa currently. He is filing for H1b this year. We decided that if he gets h1b then he will move to USA, which will be in October 2014. But one of my friend said that my husband should be in USA at the time of filling and so on. In that case he should quit job in Canada and move with me to USA. He don't want to quit job until his H1b is approved. Let me know if it is true. 

Do not listen to your friend as he/she is spreading rumor. Your spouse employer can file a H1B petition when he is not in US.

[rahul412]

No that's completely wrong.

 

H1 can be filed for an employee who is working abroad also. Their are 1000's of H1 employees working aboard.

[Rambhatla1205]

Thanks for clearing the air :) 

If my husband wants move to USA with me and want to pursue masters, does he need to go for stamping immediately. I mean I heard people can study on H4 but to work on CPT they should convert to F1. In that case does he need to go for stamping only when he wants to go outside of USA (on his return his passport should be stamped) or he should get stamped before starting his CPT.

[jairichi]

Thanks for clearing the air :) 

If my husband wants move to USA with me and want to pursue masters, does he need to go for stamping immediately. I mean I heard people can study on H4 but to work on CPT they should convert to F1. In that case does he need to go for stamping only when he wants to go outside of USA (on his return his passport should be stamped) or he should get stamped before starting his CPT.

I thought your husband wanted to work and move to H1B. Let him first get admission in an university. If he enters US on H4 he can study in H4 status. If he wants to be on F1 status either he applies for a COS to F1 (if he is in US) or exit and enter with a F1 visa. Avoid CPT unless it is an integral part of curriculum..

[rahul412]

Thanks for clearing the air :) 

If my husband wants move to USA with me and want to pursue masters, does he need to go for stamping immediately. I mean I heard people can study on H4 but to work on CPT they should convert to F1. In that case does he need to go for stamping only when he wants to go outside of USA (on his return his passport should be stamped) or he should get stamped before starting his CPT.

No need of F1 visa if he is in US and file for COS.

Coming to CPT, forget about "working in CPT". CPT is not for FTE employment, its part of F1 program. If he is planning to do so then its better to contunie his work in Canada and forget F1.