H1 / h4 status question

M

mahaveer

New Member
Can someone please comment ?

My wife is here on H4 visa and has a passport stamping until March 2005. Two months ago, she made a H1 petition and she got approval in March 2004 with a new I-94. But she didn't take the job for personal reasons. Now what action should be taken? Does she have to file a new H4 petition or she needs to write a letter to INS? Can we consider her H4 visa still valid? What action needs to be taken when she re-enters the country(U.S.) ? Please help.

Mahaveer
 
Hi Mahaveer

The last approval holds your status (the new I-797 with I-94 attached to it) since she has the H1 approval she is now on H1.

Two options,
1. Since she has valid Visa she can travel out of the country and come back on H4 (safer option but costly needs to make an unneccessary trip if it was not planned)

2. If the above is not feasible file for a change of status from H1 to H4 with BCIS (note they might ask for paystubs to check whether she maintained her H1 status so if she never worked (means that she never had any paystubs) it could become an issue.). Again this could be non-issue too as heard different people say different things....

my opinions hope this helps...also just writing a letter will not help you will need to file the I-539 (I think I have the correct application number) for change of status as you would done to move to H4 to H1.

Final note you need Visa to enter the country once you enter your stay/status is all defined by your I-94 validity and your last I-797 approval.
reval_wait
 
Last edited by a moderator:
Hi reval_wait,

Thanks for ur comments. We plan to go out of the country and re-enter. Since her H4 visa stamping in the passport is still valid, does she need to get a new H4 stamping or the existing will do?
 
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