COS to H4 from H1 - India or Canada

[SP1986]

Hi,

 

I had been laid off on Jauary 8th 2016 on H1B and I am still trying to find a job. My wife is in US working. I am planning to get my COS done to H4. Do I have to go back to India only? Or can I go to Canada and get my H4 stamping done?? Please advise.

 

Note:- I have a Canada Tourist Visa.

[pontevecchio]

You can try. If for any reason it is turned down you will need to get a visa in India before returning here. If you think your spouses H1 status is irreproachable, you can certainly go to Canada.

[JoeF]

You seem to be a bit confused.

COS is change of status, which is in the US and involves filing form I-539.

Getting an H4 visa stamp is something different. If you have been out of status, getting a visa stamp in a third country may not work.