H-4 to H-1 to H-4

R

rtej

Registered Users (C)
i came to US on a h4 visa of company A. Later my husband changed to company B and I too got a new H-4 approval notice,
for which i need to get it stamped when I go out of the country and return.

After this in a couple of months i applied for a job and got a H-1,
approval notice, however due to certain reasons i couldn't work.

now i plan to go to my country and want to get my H-4 visa stamped. Can I show my H-4 approval notice from company B and get my visa stamped or will there be problems because I have received a H-1 approval notice after that.

Instead of that, should company B again apply for a H-4 for me.

Pleeee....ase reply

Thanks
 
When you are outside the US, you do not have any status (neither H1 nor H4). So to get H4 stamp, you need to apply for a H4 visa like the first time (but with employer B as the sponsor), and then reenter. You cannot work for your employer when you re-enter on H4 as your I-94 will be for H4. Not legal advice.
 
thanks

Thank you very much for your reply.

I still would like to know if I can return on my
H-4 approval notice or I-539 that I have on which it says that it is valid till dec 2003.

or does the fact that I have obtained a H-1B approval nullify it and would put me in trouble.

rtej
 
H4 to H1 to H4 to h1

Hi,

Wife came here with H4 stamped(husband's company A) in india. She found a job, converted to H1 (wife's company 1) and got it stamped in india.

She went back to india and got H4 stamped again. Now she is back and after few months, Company 1 says though you have entered with h4 ur H1 is still valid and you can just start working for us if you want........ IS IT TRUE...? will she be leagal because her I-94 clearly says H4...!! but she has a valid H1b stamped on her passport too.

any help
- Tb
 
rtej: Once you have changed status to H1, your H4 is no longer valid. If your H4 visa stamp is still valid, you can get back into H4 status by travelling out and reentering. Another way is to file a change of status from H1 to H4, but that could be problematic as you will be asked to provide recent pay stubs.

tb_gc: The H1 petiton might still be valid, but her status is not H1. She cannot work on H4. She can get back into H1 status by traveling out and reentering on H1, or ask the employer to file another H1 petiton to change her status.

Not legal advice.
 
To Raj1994:
i plan to go to india and come on a new h4 sponsored by the company my spouse is presently working for. Will that be fine
or will there be any problem.
Please let me know.
Thanks a lot
 
No problem. You will need proof of spouse's employment. Do you have an unexpired H4 stamp?

I heard that as per AC21 portability rules, one could enter even with an expired stamp (was it only for H1?), but I am not sure of this. If you have an unexpired H4 stamp from previous employer, then you are definitely fine. Otherwise might need to get a new H4 stamp, or read AC21 carefully.
 
Thanks for the reply, but I still have queries:

First, where can I read AC21 rules.

Second, I have an expired H4 stamp. I later got an extension to this from the new company which my husband joined.(I-539 which is valid till next year end). However, I received my H1 approval (form I-747??)a few months later and was thinking that there is no problem since I haven't accepted any employment.
Only now, have i realized that my H4 status has been nullified.
So, basically I have an expired H4 stamp with these two forms with me.

My husbands company is willing to sponsor a H4 again for me.
So, as you first said can I go back to india and come on H4 again.
Will they ask me about my period of stay and employment details back in india. Would such a procedure involve risk.

Plee...ase reply
Thankyou very much
 
See www.isn.org for AC21 June memo. Also search the archives as there was some discussion on it recently.

Look at the bottom of your H1 approval notice. If it contains a new I-94 card, then your previous H4 status is gone. (If there was no I-94, then you are out of status). To get back into H4, you could file for a change of status from H1 to H4, but you will be asked to produce recent pay stubs, and thats a problem. Consult an attorney, as sometimes it might be possible to argue that since you never joined the employer you are in still in H4.

Generally H4 stamping should not be a problem, but I have heard that sometimes they deny H4 if the H4 has the capability to get his/her own H1. Since you dont have a H1 stamp on your passport, it is less of a worry.
 
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