Confused- Please help!

[kanta80]

Here is my situation now: I have the receipt notice for H4 status change from F1, my employer has applied for my H1B in premium processing on Apr 4, that means hopefully I would be getting the H1B approval by the third week of April while my H4 approval would come to me after 1 or 2 more months. I have two different opinions from two people:

1. Someone told me that the latest issued I-94 is always in force and since I will get H4 approval after H1B, my H1B would not be validated unless I go back to my country and re-enter with H1B stamping which puts me in risk.

2. On the other hand, another person told me that it would not be that complicated. It will simply be a change of status which can be done staying in the U.S. which means I can stay in H4 until Septemper 30 and file another change of status application to be in H1B prior to Oct 1.

Please advise me what really applies to my situation. I would like to avoid going outside U.S.

Thank you.

 

[Nishant11]

If you have maintained proper visa status since you came to US, your H4 ( which is dependent visa for H1 spouse) visa approval will come with new I-94 which has validity same as H1 I-94.

If documents to prove valid visa status are inadequate, your H1 visa approval may come without new I-94 and you have to travel out of the country and reenter to get new I-94 at port of entry.

 

[great guru]

You can avoid all the confusion by giving complete details of F1 to h4 transfer details to your H1 sponsering company attorney. Since you are eligible to maintain your status in US with H4 after F1, your H1 will get approved with no problem and you continue to stay until your job start date is effective.

Here is my situation now: I have the receipt notice for H4 status change from F1, my employer has applied for my H1B in premium processing on Apr 4, that means hopefully I would be getting the H1B approval by the third week of April while my H4 approval would come to me after 1 or 2 more months. I have two different opinions from two people:

1. Someone told me that the latest issued I-94 is always in force and since I will get H4 approval after H1B, my H1B would not be validated unless I go back to my country and re-enter with H1B stamping which puts me in risk.

2. On the other hand, another person told me that it would not be that complicated. It will simply be a change of status which can be done staying in the U.S. which means I can stay in H4 until Septemper 30 and file another change of status application to be in H1B prior to Oct 1.

Please advise me what really applies to my situation. I would like to avoid going outside U.S.

Thank you.

 

[kanta80]

If you have maintained proper visa status since you came to US, your H4 ( which is dependent visa for H1 spouse) visa approval will come with new I-94 which has validity same as H1 I-94.

If documents to prove valid visa status are inadequate, your H1 visa approval may come without new I-94 and you have to travel out of the country and reenter to get new I-94 at port of entry.

Thank you, Nishant11. I have maintained legal status of F1 since I've come to U.S. After I graduated in December 2004, I worked as a Software Design Engineer in O.P.T (Optional Practical Training) for a year until January, 2006. My employer applied for my H1B in August 2005 but it was returned since USCIS accepted applications until Aug 10 as the quota was over. Then I applied for H4 in February while I was in 60 day grace period and received the receipt notice for it. My same employer applied for H1B in premium processing last week. I just hope I don't have to go outside U.S. I am already frustrated since I am not able to work even though I had a nice job in such a big company.

 

[kanta80]

You can avoid all the confusion by giving complete details of F1 to h4 transfer details to your H1 sponsering company attorney. Since you are eligible to maintain your status in US with H4 after F1, your H1 will get approved with no problem and you continue to stay until your job start date is effective.

Thank you once again, great guru. My H1 sponsoring company attorney has the H4 receipt notice and she took my husband's recent pay stubs as well before applying for H1B.

So, if my H1B gets approved which I'll know hopefully in two weeks and I receive H4 later, then I can change my status from H4 to H1B before October without going outside of U.S.?