After H1 approval,Is it possible to delay H1 activation date & be on H4 for few month

A

ashoksahu14

Registered Users (C)
My Wife in on H4. She got her H1 approved. But we don't want her H1 to start from Oct 1st. We want to postpone it to some later date(may be in Jan 2008). Is this possible, if yes how?

I have heard/read that going out of country on oct 1st and coming back on H4 visa(which is already stamped on her passport) will suffice. But I have also read at some other place that this is not sufficient. I am unclear, can anybody help/advise what can we do?

Thanks in advance.
 
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Once a person lands in the U.S on H-1B, he/she needs to be paid. Otherwise the person is deemed out of status. Therefore for a person living in the U.S. on H-4, is recomended to maintain status till included in employer's payroll.

I would get the H-1B visa stamped at this point (assuming that the H-4 visa is still valid) at a consulate abroad.

Those were my thoughts ... there may be better solutions that someone with an experience can add.
 
Thanks for the reply, but you probably misunderstood my question, I have simplified my question. Please answer if possible. Thanks in advance
 
Okay, let me understand, currently your wife possess both H-4 and H-1B approval notice. If she travels outside of th country and returns during October 2007 using H-4, the new I-94 provided durign re-entry will invalidate the H-1B approval notice. That's my understanding.
 
You got your H1 approval with I 94 for H1 status - Start date mentioning in the approval notice is 1 Oct 2007.

Since you requested for change of Status from H4 to H1, the status will automatically changed to H1 from Oct 1, 2007. If you do not want your H1 then go out with H4 and come back with H4/I 94 , your H1 gone.

You have to re-apply new H1, but there will not be any quota issue.

Other wise you can change the visa staus from H1 to H4 after 1st Oct 2007, whenever ready- you can go back to H1 with out quota issue.

But staying in H1 status not having a job/paystub will creat problem in the future.



ashoksahu14 said:
currently my wife is in H4 in US.
Click to expand...
 
Thanks a lot, I have another question...

If we re-apply for her H1 again we will have to pay the H1 fees is it?

Also, If we choose the 2nd option of COS from H1 to H4 after Oct 1st. Is there any risk rejection when we later re-apply for COS from H4 to H1 (may be after 3-4 months). What are the risks? Also, do I have to give any reason while doing COS from H1 to H4.

Thanks in advance, Please reply ASAP.
Ashok
 
Hi ,
I got the same situation and when i talk to my lawyer. He recommended change of her status from H1B to H4 by sending i-539 application on Oct 1st (exactly on Oct 1st you have send letter to USCIS) and I supposed to pay $300 dollars for that. I asked him is there any risk to convert back from H4 to H1B, and he said no risk at all..

even i am looking for another 3rd party openinion about risk involved changing my wife status from H4 to H1B later point of time...

any reply would be appreciated
 
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what are the requirements for COS from H4 to H1

Isn't it risky asking COS from H1 to H4 yourself (USCIS might think that why did you applied for H1 in first place)? Do we need to give reason why we want to change to H4 on OCT 1st?

Also, would it better(safer) to cross border(to Canada) and come back on OCt 1st with H4 instead of applying for COS yourself.

Thanks in advance,
Ashok
 
One drawback of filing COS instead of crossing border

I think One drawback of filing COS instead of crossing border is that COS take 2-3 months to get processed, please correct me if I am wrong.

I have read about the processing time in websites. Also, please let me know what did you finally decide?

Ashok,
 
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