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F-1 Opt To H-4 Stamping

Discussion in 'TCN NIV applications in Canada' started by GreenChemie, Aug 12, 2015.

  1. GreenChemie

    GreenChemie Member

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    Hi Ron,

    I am currently on F-1 OPT working for an engineering firm. My F-1 stamp expired in June this year. Because I want the flexibility of travelling abroad, I am planning to apply for an H-4 Visa (based on my husband's H-1B).

    I want to apply for the H-4 in Canada (Vancouver).

    My husband will not be accompanying me since he already got his H-1B stamped last year (valid till Oct 2017) from Calgary. His paperwork is clean, he has been a full time employee at the same big tech company for the last 10 years and has his I-140 approved since 2010.

    I have never had a stamping in Canada. My one and only stamping was for my F-1 back in 2010 in New Delhi.

    I guess no one can predict for sure, but in your opinion is going to Canada a good choice?

    Thanks!
    PS: I plan to terminate my employment before the H-4 stamping. Then apply for H-4 EAD and my firm will then re-hire me once I have the EAD in hand.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't see any particular problems that should concern you. Your case fits into the "easy case" profile.
     
  3. GreenChemie

    GreenChemie Member

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    Thanks for the prompt reply! :)

    That's what I figured. Just wanted to double check, as there are so many rumors regarding first time stamping issues in Canada floating around on the net.
     
  4. GreenChemie

    GreenChemie Member

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    Hi Ron,

    I have a follow up question on this thread.

    Just to recap my previous post, I am on F-1 OPT and I plan to move to H-4 by getting an H-4 stamped in Canada. My appointment date is Nov 16th 2015. Post that my plan is to apply for an H-4 EAD.

    However, now my husband's priority date (Nov 2010) is current to file for I-485/AOS (based on yesterday's new VB changes).

    I want the flexibility to travel abroad (already have travel plans for December 2015). Hence I want to still go ahead with H-4 stamping plan, instead of waiting a few months to receive EAD/AP. Depending on the number of applications that USCIS receives, god only knows when I will have the actual EAD/AP in hand, so I also want to apply for the H-4 EAD in the meanwhile, as I would get back to work ASAP.

    My questions for you:

    1.) If I travel to Canada on F-1 with the intention of returning to the US on H-4, will my AOS I-485 application be deemed abandoned?

    2.) Does it make sense to apply for H-4 EAD once on H-4?

    Thank you for all your help. I appreciate it. :)
     

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