H1B To H4 COS change

[me2014]

My spouse need to go for a status change From H1B to H4. It's kind of personal related to medical reason of my kid.

My spouse has a stamped H4 Visa valid till Jan 09 2015. But in between I have changed employer.

Can she travel to canada and enter with H4 Visa status with her stamped visa. Travelling to India is tough. Any other option. 

 

I can file H4 status here and after I get a receipt would it be possible for quitting the job. It would take 2.5 months for process incase RFE comes or denial whats the best option.

 

Its Urgent. Please help. Thanks in advance

[pontevecchio]

1. If she is in VALID H1 status she can file for a COS to H4 and quit on getting the receipt, assuming you are in valid H1 status. She can then stay till the COS is approved which would be automatic if both of you are in valid status now.

 

2. She can travel to Canada if she has a tourist visa for Canada and while coming back she needs to insist on a new I94 and state categorically and politely that she is not using AVR.

[jairichi]

To go to Canada she needs a visitor visa. She can file a COS to H4 and stop working once a receipt notice is generated. Denial to H4 is very rare.

[me2014]

Adding to my post. Since She has a stamped H4 Visa.. Can she go to canada for the H1B - H4 stamping if required? Since it will be second time stamping. I am scouting options.

[me2014]

thanks a lot for all the replies.

yes she has a tourist visa for canada.

 

@pontevecchio

"politely that she is not using AVR" --- what is this? sorry for the ignorance

"VALID H1 status" --- what is this? sorry for the ignorance

[jairichi]

thanks a lot for all the replies.

yes she has a tourist visa for canada.

 

@pontevecchio

"politely that she is not using AVR" --- what is this? sorry for the ignorance

"VALID H1 status" --- what is this? sorry for the ignorance

If she is working and paid by employer as per LCA then she is on valid H1B status.

At POE immigration officers will assume that your wife is using AVR (Automatic Visa Revalidation) facility and trying to enter on H1B. She needs to inform them specifically that she likes to enter with her valid H4 visa, copy of your I797 and would need a new I94.

 

You can read about AVR by googling it.

[me2014]

yeah sure I will check AVR. Its good to know.

 

Thanks for your reply.