Change of status

[pranathi77]

Hi


I am on H4 now and my H1 has been approved in october 2008.but still now i didnt do any job.i had a baby in august 2008.
now i want to go india .since my visa expired i need to apply for visa interview.so please let me know that which visa i need to apply whether H1 or H4.
i dont have W2 for 2008.i can run paystubs for january and february.
so shall i go for H4 to visa and come back and reapply for change of status.
is it possible(valid).
i have both H4 I-94 up to 2010 and H1 I-94 upto 2011.

so please tell me .i have to go urgently to india.please help me


Thank you.

 

[ginnu]

Hi


I am on H4 now and my H1 has been approved in october 2008.but still now i didnt do any job.i had a baby in august 2008.
now i want to go india .since my visa expired i need to apply for visa interview.
so please let me know that which visa i need to apply whether H1 or H4.
-----------------if you want to work then apply H1 visa stamp. if dont want to work apply H4 visa stamp.
i dont have W2 for 2008.
--------------------------You gave birth in 2008 and did not work. explain that on letter or if asked. Keep the copy of birth certificate of baby and show if asked. for H4 visa they will not ask your W-2.
i can run paystubs for january and february.
so shall i go for H4 to visa and come back and reapply for change of status.
is it possible(valid).
------------------you can do that. get H4 visa enter US on H4 status and then employer will file H4 to H1 COS and after COS is approved then you can work.i have both H4 I-94 up to 2010 and H1 I-94 upto 2011.
-------------------it seems to me that your emplyer filed H4 to H1 COS that is the reason you got I-94 valid till 2011 attached with H1 approval notice.

so please tell me .i have to go urgently to india.please help me


Thank you.

------------ If you want to work on H1 after coming from India then go for H1 stamp. if you are sure that employer has job and will pay you then only go for H1 stamp. If your employer is not going to pay you or you think he will keep on bench then better get H4 visa stamp.