H1 to H4

[Enkpro]

Hi,

 

My wife is currently on H1 and planning to transfer to H4 and EAD after that.

Since the conversion takes so long i am exploring different options.

She is on h1 from october 1st, 2014.

She has valid H4 visa stamping(expires sept 2015). My company filed my H1 extension.

1 .Can she go to canada and come back on H4 with my extension reciept? or does she need to apply COS with my H1 extension reciept?

2. If she go to canada, she needs to go for H4 stamping again?

 

Thanks

[jairichi]

1. She can exit and enter with a valid H4 visa and a copy of your I797. But, she needa a visitor visa to Canada.

2. Refer 1.

[rahul412]

No need of new H4 visa, just enter into US with H4 I94.

[livliv]

She can go to Canada (or any other country) and return with her existing H4 Visa (before it expires). She will need your most recent H1 approval notice and her I-94 will be given according to that approval notice. So it is better if she does this traveling after your extension is approved.

[Enkpro]

Thanks you all for the quick reply...

[Enkpro]

one question...is there any minimum stay required in canada to get new I-94?

I have seen in some forums saying if we visit canada for only couple of days, then the CBP office won't give new I-94. Is it true?

Do i need to fly or can i just drive accross the border and get new I-94?

[livliv]

You can come back the same day. When you return, don't even mention the old I-94 or old status. Take it out of your passport and don't show it to them.

 

Also, btw, she must maintain her H1 status until she travels.