Canada trip while H1 processing

[JeevanRekha]

Hi Friends,

I just recieved the great news from my employer that my application got selected in the H1 lottery this year.
Now, recently we have recieved our canada residency and have already planned to land in canada in May and come back with the existing visa (h4 for me and H1 for my spouse). We just want to wait for a suitable time to move to canada. Is this trip going to affect my h1 processing here.

Please advise.
Jeevan Rekha

[txh1b]

H1 will get processed but your COS to H1b will not go through if the application was a COS.

[JeevanRekha]

Please tell me what a COS is

Thanks for the response. But please tell me what a COS is and what will be the consequence.

[txh1b]

COS is change of status which would put you on H1b status from Oct 1st and give your H1b approval with an attached I-94 at the bottom.

Consequence is you will remain on H4 status past Oct 1st if COS is not approved. It will require one to get a H1b stamp or to file for an amendment again to request a COS after H1b approval.

[JeevanRekha]

please advise

So, now as per my understanding..my application will get rejected even if my my trip is just for a week.

Please advise

[txh1b]

So, now as per my understanding..my application will get rejected even if my my trip is just for a week.

No, that is not true. A rejection is denial of H1b. Change of status could get denied while the H1b gets approved. You need to educate yourself about the H1b process. Go through the H1b FAQs on the immihelp main pahe following the H1b links to get a better understanding and clarity.

Your H1b petition will get processed without a problem. Only automatic eligibility to work from Oct 1st will not be approved.

[JeevanRekha]

apologies for my ignorance

Thank you so much for the guidance.

Just one more query, I have my h4 visa which is valid till may 2009 and we were planning to return to us on the valid H4. Now as per my understanding its not advisable to come back before my H1 gets approved.

[txh1b]

Thank you so much for the guidance.

Just one more query, I have my h4 visa which is valid till may 2009 and we were planning to return to us on the valid H4. Now as per my understanding its not advisable to come back before my H1 gets approved.

Your understanding is wrong. You can enter on H4 before the H1b gets approved.Let me attempt to make it clear as you seem to be always getting it wrong.

Option 1: Wait for H1b to get approved with a COS. Travel and enter anytime before Oct 1st on H4 visa and your status automatically changes to H1b from Oct 1st as per Efren Hernandez memo.

Option 2: Travel before H1b gets approved, return back anytime on H4. H1b gets approved without COS. If you want to get back on H1b status, you would either need to get a H1b visa stamp outside the US, enter on H1b status or file for an amendment requesting COS from H4 to H1b, wait for approval and get on H1b status.

Option 3: Do nothing. H1b gets approved with a COS. You will remain on H4 until Oct 1st. Status changes to H1b on Oct 1st and you need to be paid from day 1 of your H1b to maintain H1b status and remain in status.