H1->H4 and related questions

S

student1981

New Member
All
Been working for less than an year on H1B (different company than my husband's) and wanted to move back to H4 on my husband's H1B, to do full time graduate study. Some related questions.

a. What is the process involved in converting from H1B to H4...Any weblink or information would be great. Should I go through my husband's company to file for adjustment of status for H4. BTW, my passport still has a H4 stamped till next year and my I-94 still has H4 entry, but H4 need to be restamped as my husband switched jobs and his H1B has changed.

b. My husband is on the last year of his H1B...PERM is in process...Will his H1B being in the last year, mean any issues for this transfer?

c. I may need to go to India and back before starting the graduate study and that is the big hurry to do the transfer now. If not for that, I can wait till I get back from India, to do the H1->H4 transfer. Can I travel outside the country (before applying for the h1->h4 transfer) and come back with the H4, after restamping H4...in other words...can I re-enter in H4, while holding a H1b. If not, can I just apply for the H1->H4 transfer and leave the country and come back on H4...as the process takes 3-4 months.

d. I understand that in future, after graduate study, if I want to go back to H1, it does not come under H1 quota. Is that rule still valid?

Thanks much in advance
SR
 
student1981 said:
All
Been working for less than an year on H1B (different company than my husband's) and wanted to move back to H4 on my husband's H1B, to do full time graduate study. Some related questions.

a. What is the process involved in converting from H1B to H4...
----------------------Form I-539, copy of your I-94 (front and back) copy of your spouse H1 approval notice ,Copy of his I-94 (front and back) Fee

Any weblink or information would be great. Should I go through my husband's company to file for adjustment of status for H4.
--------------adjustment of status OR Change of status from H1 to H4?

BTW, my passport still has a H4 stamped till next year and my I-94 still has H4 entry,
----------------if your I-94 is based on H4 status then how did you say you worked on H1?
but H4 need to be restamped as my husband switched jobs and his H1B has changed.
---------------- if Spouse changed employer then H4 holder has nothing to do if he/she is on valid H4 status and no new Visa stamping needed.

b. My husband is on the last year of his H1B...PERM is in process...Will his H1B being in the last year, mean any issues for this transfer?
-----------------No, you can get H4 till his H1 status


Thanks much in advance
SR
Click to expand...

You have conflicting info posted. You say you are on H1 and worked on H1 and at the same time you say you have valid H4 visa stamp and valid I-94 with H4 status. You need to post full details or sequence of events with dates or go to your lawyer and seek legal advice
 
Hi
Thanks for the reply. Am clarifying some of my confusing statements below.

Any weblink or information would be great. Should I go through my husband's company to file for adjustment of status for H4.
--------------adjustment of status OR Change of status from H1 to H4?
SR: +++++++++++change of status from H1 to H4.

BTW, my passport still has a H4 stamped till next year and my I-94 still has H4 entry,
----------------if your I-94 is based on H4 status then how did you say you worked on H1?
SR:++++++++++I entered this country on H4 and I have not yet gone out of the country...so my passport still has an I-94 that has H4 based on my husband's H1. I also have a H1-based I-94 on the INS H1 approval...I796 form. My passport still does not have my H1 visa stamping.
 
student1981 said:
Hi
Thanks for the reply. Am clarifying some of my confusing statements below.

Any weblink or information would be great. Should I go through my husband's company to file for adjustment of status for H4.
--------------adjustment of status OR Change of status from H1 to H4?
SR: +++++++++++change of status from H1 to H4.
############### for COS from H1 to H4 you need form I-539 read last post
BTW, my passport still has a H4 stamped till next year and my I-94 still has H4 entry,
----------------if your I-94 is based on H4 status then how did you say you worked on H1?
SR:++++++++++I entered this country on H4 and I have not yet gone out of the country...so my passport still has an I-94 that has H4 based on my husband's H1. I also have a H1-based I-94 on the INS H1 approval...I796 form. My passport still does not have my H1 visa stamping.

--------------- you entred on H4 status and then filed H4 to H1 Change of status and with your H1 approval notice you got I-94 attached. if that is true then you are on H1 status and your Latest I-94 is that came attached with H1 approval notice. if you want to change from H4 to H1 file COS with form I-539
OR
go out of US and enter on H4 status as you have valid H4 visa stamp in passport( you can go to Canada or Mexico and when again enter US get I-94 based on H4 visa stamp
Click to expand...
----------------
 
Hello Expert,

My wife is here on H4 VISA. She has valid H4 approval till this 01-Oct-2011 but not VISA stamped on her passport since she did not depart USA after her H4 extension.

Last year, she applied for H1 through a different consulting company and it got approved on 07-Oct-2010. Also she got I-94 from her employer valid till Oct 2013.

Form that day one, she did not work/join to the employer so her employer did not process salary hence no pay stub. As this is her 6th month without job and pay stub, also it may take another a month or two for her to get the project.

I am here to know and understand about her current situation.

* What is her current Status? If she is out of status, does she need to depart the U.S. immediately?
* Can she stay here in USA with her existing H4 VISA ( valid till 01-Oct-2011) without taking further action on her VISA status?
* If she get a project, can she start with her existing employer without doing any documentation?
* Do I need to apply for transfer VISA back to H4 from my employer?
* Will there be any complication in future for her to enter in USA?

Going through some forum, looks it is time sensitive, can you please get some info on this?

Thanks,
Viny
 
vinayakrranjan said:
Hello Expert,

My wife is here on H4 VISA. She has valid H4 approval till this 01-Oct-2011 but not VISA stamped on her passport since she did not depart USA after her H4 extension.

Last year, she applied for H1 through a different consulting company and it got approved on 07-Oct-2010. Also she got I-94 from her employer valid till Oct 2013.

Form that day one, she did not work/join to the employer so her employer did not process salary hence no pay stub. As this is her 6th month without job and pay stub, also it may take another a month or two for her to get the project.
------------------- if She changed her status from H4 to H1 and with H1 approval notice got I-94 attached then she was on H1 status. she did not work on H1 and did not had job on H1 and did not get paid on H1 and no pay stubs and that makes her Out of Status.
I am here to know and understand about her current situation.

* What is her current Status? If she is out of status, does she need to depart the U.S. immediately?
------------------She is out of status
* Can she stay here in USA with her existing H4 VISA ( valid till 01-Oct-2011) without taking further action on her VISA status?
----- her latest I-94 is based on H1 status and she is not on H4 status
* If she get a project, can she start with her existing employer without doing any documentation?
------------------May be and talk to your or her company lawyer
* Do I need to apply for transfer VISA back to H4 from my employer?
--------------- She has nothing to do with your employer. H4 is tied to your H1 status but she filed H4 to H1 Change of status and her latest I-94 is based on H1. if she file H1 to H4 Change of status with USCIS her Change of status will be denied as she is out of status.

* Will there be any complication in future for her to enter in USA?

Going through some forum, looks it is time sensitive, can you please get some info on this?

Thanks,
Viny
Click to expand...

if she wants to be again on H4 status then she should go out of US get H4 visa stamp and should enter on H4 status.

** why you are posting in thread started by somebody and did post as now thread?
 
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