H4-H1-H4 issue

S

sbag

New Member
I need help regarding some immigration law related questions. My wife was in H4 and she applied for H1 visa through some consultant this April. The consultant applied H1 visa and Change of Status from H4 to H1. But my wife had to go back to India due to some personal emergency. She will be coming back this August in H4 visa. Her H1 is still not approved.So, now I am not sure what will happen,

1. If her H1 gets approved then will Change of status be approved as well? If change of status is also approved then will She moved to H1 status as of 1st Oct?
2. How would she know that her Change of Status application (from H4 to H1B) is approved by USCIS?
3. What will happen if She don’t get any project through her consultant? Will she be out of status?
4. Does it mean that on 1st Oct, 2009 if she is not in a project then her H1B will be deactivated?
5. What will happen after that? Does she need to apply for a Change Of Status from H1B to H4 on 1st Oct, 2009?
6. What other option do I have in that case?
7. If she is not in project then she won’t have any payslip for her H1 status. In that should she apply for change of status on 1st Oct itself?

Please advice me about this situation. I don’t want her to be out of status and run into problems.
 
sbag said:
I need help regarding some immigration law related questions. My wife was in H4 and she applied for H1 visa through some consultant this April. The consultant applied H1 visa and Change of Status from H4 to H1. But my wife had to go back to India due to some personal emergency. She will be coming back this August in H4 visa. Her H1 is still not approved.So, now I am not sure what will happen,

1. If her H1 gets approved then will Change of status be approved as well? If change of status is also approved then will She moved to H1 status as of 1st Oct?
2. How would she know that her Change of Status application (from H4 to H1B) is approved by USCIS?
--------------------------------if her employer gives her H1 approval notice with I-94 attached with approval notice
3. What will happen if She don’t get any project through her consultant? Will she be out of status?
-----------------------She will be out of status. H1 is for work.
4. Does it mean that on 1st Oct, 2009 if she is not in a project then her H1B will be deactivated?
------------------------She will be out of status.
5. What will happen after that? Does she need to apply for a Change Of Status from H1B to H4 on 1st Oct, 2009?
---------------------her change of status may be denied if she is out of status and file COS .
6. What other option do I have in that case?
7. If she is not in project then she won’t have any payslip for her H1 status. In that should she apply for change of status on 1st Oct itself?
-------------------- if she dont get any job or pay from H1 employer then she will be out of status.
Please advice me about this situation. I don’t want her to be out of status and run into problems.
---------------------then let her enter US on H4 and file H4 extensions in time so that she remain on valid H4 status.
Click to expand...

for more info go to your lawyer.
 
1. If her H1 gets approved then will Change of status be approved as well? If change of status is also approved then will She moved to H1 status as of 1st Oct? her cos will be denied and she has to take h1b visa staping nd come back to usa or file new petition of cos.
2. How would she know that her Change of Status application (from H4 to H1B) is approved by USCIS? her employer will recived paper work or check online for status.
3. What will happen if She don’t get any project through her consultant? Will she be out of status? Yes definately she will be out of status.
4. Does it mean that on 1st Oct, 2009 if she is not in a project then her H1B will be deactivated? No h1b never deactivates she will be out of status.
5. What will happen after that? Does she need to apply for a Change Of Status from H1B to H4 on 1st Oct, 2009? Yes you change her status.if she has h4 stamping she just has to outside usa then come back to usa.You guys dont have apply h4 from usa.go canada or mexico nd come back on h4 visa.
6. What other option do I have in that case? Already mention
7. If she is not in project then she won’t have any payslip for her H1 status. In that should she apply for change of status on 1st Oct itself? you can wait for 15-20 days after oct 1

Please advice me about this situation. I don’t want her to be out of status and run into problems.
 
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