Staged move back to Canada on H1b

[dwaggott]

Hello!

I'm on an H1b and returning to Canada (Family is Canadian). My position starts March 1st but the family (on H4's) would like to stay so the kids can finish school (June 10th). I'll be going back and forth for 3-4 times during the three months. I'm assuming my H1B is revoked as soon as I take another position. Is there a way the family can stay in the US ~100 days without going "out of status"?

I saw that the "final rule" gives 60 days grace but that's not enough. Is there any way to extend this if we have no intention of staying?

What about transitioning to a visitor visa from H4. Would that be possible and could it be done remotely or does it require a trip to the border?

Thanks
Daryl

 

[DEEPCUR]

You need to defer your date of joining in Canada. Otherwise you and your family would have accrued illegal stay. That 60 days grace period is to look for another job and is purely at USCIS discretion. USCIS discretion would be known only if you apply another petition which is not going to be your case. Anything over 10 days from your end of employment would not just put you, your family as well in trouble.

 

[APPNOV2014NY]

Apply for change of status to B2. It will take 4-6 months for USCIS to reply back to your B2 application, until then you will be on "implied status" giving your family enough time to wrap up affairs and move out of USA.

 

[dwaggott]

Thanks, I talked with a lawyer and she suggested the B2 application for implied status. Of course it was unofficial over the phone.