Me and my husband had H1b visa and we were both working out of location A with my I-94 validity until 9/17/2018. My husband got a new job at location B though a new employer hence I decided to quit my job and join him on H4 visa. I filed H1B to H4 change of status (I-539) application with an effective date in Sep 2017. After filing the application with USCIS, I started talking to local job consultants to check about the job market and opportunities at Location B. They are willing to help me find new job opportunities and if I find one, they will eventually file a petition for H1B in premium which would be cap exempt since I already had H1b visa.
However, looking at various online forums, I realized that since I already filed H4 COS, I can't file H4 to H1b COS again until my H4 COS is approved. Currently, at Vermont center where my H4 COS is filed, it is showing approximately 5-6 months of waiting time for H4 COS application to be processed hence I am thinking to go to Canada or Mexico which would abandon my COS application, get H4 visa stamped based on my Husband H1b, and look for job opportunity after H4 is stamped. My questions are below:
1. Is my approach to travel to Canada or Mexico to get H4 stamped is valid?
2. If yes, what would be my status from the last date of my job/pay date (09/15/2017) until I stayed in US?
3. If I would be out of status during that time then how would it impact me in future for H1b filing, extensions or GC process?
However, looking at various online forums, I realized that since I already filed H4 COS, I can't file H4 to H1b COS again until my H4 COS is approved. Currently, at Vermont center where my H4 COS is filed, it is showing approximately 5-6 months of waiting time for H4 COS application to be processed hence I am thinking to go to Canada or Mexico which would abandon my COS application, get H4 visa stamped based on my Husband H1b, and look for job opportunity after H4 is stamped. My questions are below:
1. Is my approach to travel to Canada or Mexico to get H4 stamped is valid?
2. If yes, what would be my status from the last date of my job/pay date (09/15/2017) until I stayed in US?
3. If I would be out of status during that time then how would it impact me in future for H1b filing, extensions or GC process?
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