H-4 - H 1B - H-4 Question

S

samomech

New Member
Hi Friends

I need to ask a very urgent question. I was on H-4 visa and a recruiter applied for my H-1 B visa for which I got the approval already (I-797). Now, I do not want to join the company and want to stay on H-4. My H-4 expiry was in March'07. Is my H-4 still valid since I have not started working OR my status is changed to H-1 B no matter if I want to start working or not.

If my status has been already changed to H-1B how can I transfer back to H-4.

Will greatly appreciate your help.
 
samomech said:
Hi Friends

I need to ask a very urgent question. I was on H-4 visa and a recruiter applied for my H-1 B visa for which I got the approval already (I-797).
-------------did they apply H4 to H1 Change of status? did you got I-94 attached with H1 approval notice(lower right side)?? if yes then you are on H1
Now, I do not want to join the company and want to stay on H-4. My H-4 expiry was in March'07. Is my H-4 still valid since I have not started working OR my status is changed to H-1 B no matter if I want to start working or not.
--------------- read above and reply
If my status has been already changed to H-1B how can I transfer back to H-4.
----------------- if you have H4 valid visa stamp go out and enter again on H4 status. if staying near to US Canada.Mexico border do that Or you may have to file H1 to H4 Change of status again if got I-94 with H1 approval notice
Will greatly appreciate your help.
Click to expand...
 
Thanks for your response. Yes, they applied from H-4 to H-1 status change. I-797 has I-94 attached. I had H-4 visa stamp in passport but its now expired.

In order to file for H-1 to H-4 status change, what kind of documents are required ?
 
H4 - H1 - H4

Hi,

Sorry, This is not an answer to your question. But I too intend to do the same. The only difference is I have been to india, so i've got H1 stamped and my H4 is cancelled without prejudice. and i want to know if it is advisable to change my H1 to H4 as I dont want to work any more. My H1 is effect from oct 2005-2008.

Josna.
 
josna said:
Hi,

Sorry, This is not an answer to your question. But I too intend to do the same. The only difference is I have been to india, so i've got H1 stamped and my H4 is cancelled without prejudice. and i want to know if it is advisable to change my H1 to H4 as I dont want to work any more. My H1 is effect from oct 2005-2008.
-----------file Change of status from H1 to H4 with form I-539 with USCIS you may get H4 till your spouse H1 validity ( they may ask you about your H1 status that you have not maintained by working or not not getting paid) talk to your lawyer. I have replied to 25-30 similar cases where spouse file H4 to H1 Change of status and then they dont want to work on H1 or employer dont have job or employer dont pay being on H1. why these people file from H4 to H1 if they dont have job or dont want to work or employer does not pay??
Josna.
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