H1-H4-H1 issues - pls reply asap

L

lsgv1

Registered Users (C)
Hi Ginnu and others,
Can you please advise on my problem.

I had H1B valid from 2005 to 2008. In June 2006, i stopped working and
i delayed for few months before converting to H4. In the meantime, my company revoked my H1B in july/Aug 2006 and so i got RFE on H4. Then My lawyer advised me to go to India for filing H4 stamp which i did in Oct 2006.

Now i have job offer from a company and i wanted to apply H1B through them as i do not come under h1 quota. But the lawyer is asking to send docs which shows my valid H1B status and pay stubs for last 3 months. I have pa stubs till june 2006.

My questions are:

1. Will there be problem with my H1B approval, considering my H1 is revoked before i converted to H4?

2. Is there any solution to my problem?

I appreciate your help.

Thanks.
 
Now you are changing your H4 to H1 with the proof that you have had previously H1 under quota.

I do not see any problem in your case, as of now.


lsgv1 said:
Hi Ginnu and others,
Can you please advise on my problem.

I had H1B valid from 2005 to 2008. In June 2006, i stopped working and
i delayed for few months before converting to H4. In the meantime, my company revoked my H1B in july/Aug 2006 and so i got RFE on H4. Then My lawyer advised me to go to India for filing H4 stamp which i did in Oct 2006.

Now i have job offer from a company and i wanted to apply H1B through them as i do not come under h1 quota. But the lawyer is asking to send docs which shows my valid H1B status and pay stubs for last 3 months. I have pa stubs till june 2006.

My questions are:

1. Will there be problem with my H1B approval, considering my H1 is revoked before i converted to H4?

2. Is there any solution to my problem?

I appreciate your help.

Thanks.
Click to expand...
 
Thanks for your response.

My lawyer is insisting on paychecks and says that I need to have a valid H1B status when I converted to H4.

I have 2 issues here..

1. I stopped working in May2006 and till july 2006 when the visa got revoked I was out of status and

2. From July 2006 to October 2006 I had an invalid ststus.(Neither H1 nor H4)

Did anyone get H1 approval under such circumstances? Will this be a cause for H1B denial?

Thanks
 
lsgv1 said:
Thanks for your response.

My lawyer is insisting on paychecks and says that I need to have a valid H1B status when I converted to H4.

I have 2 issues here..

1. I stopped working in May2006 and till july 2006 when the visa got revoked I was out of status and

2. From July 2006 to October 2006 I had an invalid ststus.(Neither H1 nor H4)

Did anyone get H1 approval under such circumstances? Will this be a cause for H1B denial?

Thanks
Click to expand...
Lawyer is wrong. you went out of US after your H1 and got H4 visa stamp and you entred on H4 status and now you want to file COS from H4 to H1, it has nothing to do with latest pay stubs. you only need to provide any document that says you were on H1 status.
 
Hi Ginnu. Thanks for your response.

Do you also think that in the worst case, i can get H1B approval without
I94 and then i have to go to India to get H1B stamp?
Then at the port of entry i will be getting a new I94.

thanks.
 
lsgv1 said:
Hi Ginnu. Thanks for your response.

Do you also think that in the worst case, i can get H1B approval without
I94
----------------may be
and then i have to go to India to get H1B stamp?
-----may be
Then at the port of entry i will be getting a new I94.
-----------------------yes if you enter with H1 visa stamp
thanks.
Click to expand...

----------------------
 
Hi Ginnu,

My lawyer didn;t seem to know that i had H4 visa stamp. She said everything is ok and is ready to file for H1B.

I am keeping my fingers crossed as far as I-94 is concerned.

Thanks for your response.
 
I have one more question.

Me and my husband filed for I485 on july 23, 2007 at TSC and we are waiting for the receipt notice.

If i have to go to India for H1 stamping and to get I-94, do i have to show
I-485 receipt number at the port of entry. What if i do not get the receipt?
Should i continue to stay back in india until the receipt is issued?

Thanks.
 
lsgv1 said:
I have one more question.

Me and my husband filed for I485 on july 23, 2007 at TSC and we are waiting for the receipt notice.
--many are waiting
If i have to go to India for H1 stamping and to get I-94, do i have to show
I-485 receipt number at the port of entry.
---------------NO FYI you get I-94 at POE or with approval notice
What if i do not get the receipt?
------------------not a problem, you will show valid visa stamp at
POE and will get I-94
Should i continue to stay back in india until the receipt is issued?
------------------- if you want to stay you can stay but not because of not having I-485 filing reciept
Thanks.
Click to expand...

who paid your I-485 filing fee? if the fee check is cashed then back side of the check is stamp and back side of the check has your I-485 reciept #
 
Hi Ginnu,

My husband's company applied I485, but we paid the filing fees. Yes, i am aware of the receipt number shown on the back of the encashed checks.

I had doubt about I485 receipt # to be required at POE as i read somewhere in these forums. Your response is a great relief for me.

I will keep my fingers crossed on how the H1 approval goes with the premium processing.

I appreciate your and Great Guru's responses and i will keep you posted for any further developments.

Thanks.
 
lsgv1 said:
Hi Ginnu,

My husband's company applied I485, but we paid the filing fees. Yes, i am aware of the receipt number shown on the back of the encashed checks.

I had doubt about I485 receipt # to be required at POE
----------------at POE they dont ask I-485 filing reciept

as i read somewhere in these forums. Your response is a great relief for me.

I will keep my fingers crossed on how the H1 approval goes with the premium processing.

I appreciate your and Great Guru's responses and i will keep you posted for any further developments.

Thanks.
Click to expand...

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