H1 starts in October. Do i need to file another H4 again?

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wild_marigold

Registered Users (C)
Hello everyone,
I have been in the US as H4. Recently my husband changed his job (twice in 2 months). He got his company A H1 extension and my H4 valid till 05/31/2008. Then he changed his job again for company B in about 2 months later (i know it sounds crazy!). He got RFE and still did not get his company B H1 extension. I did not apply with him with company B. Now I am technically out of status since he no longer works for the company A. BUT, i have my H1B starting in October.
Q;
- does it make sense to still apply for my H4 or just wait till my H1 starts?
- if i have to leave the country in September can i come back on H1? do i need to show my H4 i held before my H1?
- what is this I94 everyone is talking about ? How do i know if i have it or not? Do i need to have it if i am on H1?
thanks a lot :confused:
 
wild_marigold said:
Hello everyone,
I have been in the US as H4. Recently my husband changed his job (twice in 2 months). He got his company A H1 extension and my H4 valid till 05/31/2008. Then he changed his job again for company B in about 2 months later (i know it sounds crazy!). He got RFE and still did not get his company B H1 extension. I did not apply with him with company B.
Now I am technically out of status since he no longer works for the company A.
-------------I dont think you are out of status, you have valid I-94
BUT, i have my H1B starting in October.
Q;
- does it make sense to still apply for my H4 or just wait till my H1 starts?
------------------------------just wait till my H1 starts, you have H4 based I-94 till 05/31/2008
- if i have to leave the country in September can i come back on H1? do i need to show my H4 i held before my H1?
-----------------------if you go out and want to enter on H1 status then you need H1 Visa stamped.
- what is this I94 everyone is talking about ? How do i know if i have it or not? Do i need to have it if i am on H1?
--------when one enter US you get white form in the flight to fill up and give it to officer at US airport and officer stamp the white I-94 at POE and officer or you attach it to your passport. if file H4 or H1 extension?H1 transfer while you are in US then you get I-94 attached with approval notice (lower Right side of approval notice)

thanks a lot :confused:
Click to expand...

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Let me clarify one detail i missed .......

Ginnu,
I forgot to mention that when i entered US last time my I94 was stamped to be expired by 05/31/2007 (end of 6-th year extension for my husband). And then when my husband joined company A he got H1 extension and I got H4 from 06/01/2007 till 05/07/2008.
I CHECKED my I 797C Notice of Action/approval notice for I 94 in the right corner as you said and did not find it. It has some barcode, that's it. Does it mean that I do not have I-94?
 
Please, ignore my previous message....read on

Ok, I found another copy of I 797A/Approval Notice where I found I-94 valid from 06/01/2007 till 05/07/2008 for me and my husband.
So, looks like I have valid I-94 and I was not supposed to apply for H4 along my husband second H1 transfer.
Ok, I have another question (sorry it is quite complicated). He has 7th year extension application with a company B based on the Labor in process with another company for more than 1 year. His Labor was denied just few days ago.
- Is there a chance he gets his H1B extension since he filed it when his Labor was still pending in May?
- If he does not get his 7-th year H1B extension I will be automatically out of status, RIGHT? Or i might get lucky and he gets negative reply after 1-st October after my H1B starts, right?
thanks so much for your time, i really appreciate it....i am so confused and stressed right now. :(
 
wild_marigold said:
Ok, I found another copy of I 797A/Approval Notice where I found I-94 valid from 06/01/2007 till 05/07/2008 for me and my husband.
So, looks like I have valid I-94 and I was not supposed to apply for H4 along my husband second H1 transfer.
Ok, I have another question (sorry it is quite complicated). He has 7th year extension application with a company B based on the Labor in process with another company for more than 1 year. His Labor was denied just few days ago.
- Is there a chance he gets his H1B extension since he filed it when his Labor was still pending in May?
- If he does not get his 7-th year H1B extension I will be automatically out of status, RIGHT? Or i might get lucky and he gets negative reply after 1-st October after my H1B starts, right?
thanks so much for your time, i really appreciate it....i am so confused and stressed right now. :(
Click to expand...

Your post is mess up it is not clear and missing full details of you and your spouse and post again with each detail of your H4 H1 and your spouse H1 details from the date of first Entry to US. Or go to your lawyer
first read the below link then post
http://www.ilw.com/articles/2006,1106-shusterman.shtm
 
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