我们是加拿大公民。我先生现在持O1签证, I-140批准,又抽中了H1b。
我希望转H4以便开始工作。但是公司律师办的是consularprocessing,让我们出境拿stamp。
我担心现在这种气候出境入境有风险,希望在境内转。
但是律师说因为是CP所以不能境内COS。
请问8老师,我现在比较糊涂。抽中了H1b然后就会收到visa吧,为什么还要这个stamp?
-Because It seems the lawyer just did the paperwork for the employer to hire an H-1 employee, not did the paperwork for your spouse to change the status at the same time, you spouse needs to get the H-1 visa to come back to get the H-1 status (I-94). I have never seen a laywer so stupid like this one!
可不可以境内COS?
--This lawyer made the mistake to do the paperwork for CP, not for change of status within US. So, you cannot change it now. He/she should have done the paper for you to chnage status within US, but he/she didn't. This lawyer is very inexperienced.
如果必须离境,去加拿大海关就可以了吧?不需要去使馆面谈吧?-After the H-1 petition is approved, if you are a Canada citizen, you can go to the US-Canada border to get the H-1/H-4 I-94 (status) after September 22, 2019. Othertwise, you need to get the H-1/H-4 visa in a US Consulate abroad.
开学后可不可以我先生先去办visa, 等他回来后我再去办H4?-Yes, but you need to do it within one month after you spouse comes back using the H-1 visa. Of course, it is better for both of you to go together.