H1 to H4 Stamping , Montreal Canada

[VKRAMESH]

Friends -
This post is for a friend of mine who is on H1B.

Specifics :
Applicant on H1B status since Nov 2008.Her H1B visa is valid for 3 years.
Short term contract ending, was getting paid so far , considering switching to H4 status through visa stamping at Montreal, Canada since a COS from H1 to H4 takes a long time. Husband is on H1B visa , not been out of status a single day.

- Can she convert to H4 status at Montreal?
- What is the turn around time to get passport at Montreal ?
- Can she come back on H1B status later on with the same employer? If yes, how? (provided her employer didn’t cancel her H1B petition )
- What happens if her employer cancels her H1B petition after converting to H4 status ? Can she still come back on H1B with a different employer and is she considered cap exempt ? If yes , how ?


Thanks

[txh1b]

- Possible with a visa stamp. If they already have a H4 visa, she can travel and return on H4. But once the H1-H4 COS is filed even while in US before the H1b status ends, she will be in authorized stay.
- Check with the Consulate. Could be Next day to 4 days.
- Yes. But she has to have her employer again have an amendment for H4 to H1 filed and approved before beginning work or use the Travel and H1b stamp method similar to above.
- Once cap counted, she is not subject to cap unless all the 6 years have been used. Read the FAQs.

[VKRAMESH]

H1 to H4 Decoupling Law

I read online that if a person moves from H1B to H4 status , and comes back later on H1B status then his time spent on H4 status applies towards to the 6 year H1 limit i.e.e

6 years - H1 (Duration) - H4 = your actual new H1 duration.

Is this true ?

[txh1b]

What you heard is wrong. It used to be that way. Google for H1-H4 decoupling and you can find the changed law.

[VKRAMESH]

Thanks

Thank you sir ! i googled it and found relevant information ...