H1 status related questions

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geeceegeecee

New Member
Hello
I had a few general questions ..... i have been evaluating options about how long to continue my current job before i return back to a homely h4 life .... but am confused about some status related questions ..... if someone can answer/explain i would really really appreciate.

- i have an H4 visa stamped already on my passport (say 2007).....

- a while back i changed my status to h1b .... since i never left the country, i don't have a h1b visa on my passport still.


now i wanted to understand the following hypothetical cases :

- firstly, if i choose to give up my job --> am i automatically back on my h4 considering that [1] it still appears current & pertinent on my passport and that [2] i don't have an h1 stamped ..... OR do i have to change my status to h4 again ? if i have to change my status again, does that also mean that i can't just leave the country and come back on my earlier h4 again, in case there's an emergency ?

- also, in the same lines, i was wondering that if i go for h1b stamping and its not approved, can i fall back on my h4 and enter or is the h4 visa nullified even though it was good for 2007.

thanks as for this and several other helpful responses in this forum.
 
after your H4 was changed to H1B, you should have recieved updated I-94, which in very less cases is mailed along with application approval.

In case you didnt recieved it, one must have gone to home country and get H1 Stamped and then enter US with new I-94. In case you did not get your I-94 or H1 stamped in last 2 years, i am not sure if you are out of status and is illegal. Please take advise of some lawyer.

If in case you recived I-94 then you are legally on H1 and to get yourself on H4, a Adjustment of status form should be mailed to INS and on whose approval, you will be on H4. Again they wud send you an updated I-94 which will legally make you on H4.
 
Thanks for the reply. You are right about the i94. a new one gets mailed with h1b status transfer.

a question i have is that if i apply for a transfer of status to h4 now .... and get a new i94 ...... will i have to get a new h4 visa stamped to reenter ? in other words is my h4 stamped earlier nullified ?

Thanks again.
 
If you get an updated I-94, there is no need to get H4 stamped. As long as you have updated I-94 no need to get the visa stamped if the old visa expiry is also valid.

Still I would sugest if you are planning to visit outdie US, its better to confirm them via email or call.
 
geeceegeecee said:
Hello
I had a few general questions ..... i have been evaluating options about how long to continue my current job before i return back to a homely h4 life .... but am confused about some status related questions ..... if someone can answer/explain i would really really appreciate.

- i have an H4 visa stamped already on my passport (say 2007).....

- a while back i changed my status to h1b .... since i never left the country, i don't have a h1b visa on my passport still.


now i wanted to understand the following hypothetical cases :

- firstly, if i choose to give up my job --> am i automatically back on my h4 considering that [1] it still appears current & pertinent on my passport and that [2] i don't have an h1 stamped ..... OR do i have to change my status to h4 again ? if i have to change my status again, does that also mean that i can't just leave the country and come back on my earlier h4 again, in case there's an emergency ?

- also, in the same lines, i was wondering that if i go for h1b stamping and its not approved, can i fall back on my h4 and enter or is the h4 visa nullified even though it was good for 2007.

thanks as for this and several other helpful responses in this forum.
Click to expand...
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You were on H4 status and filed H4 to H1 Change of status and got the H1 approval with I-94 attached
Now you want to be again on H4 status, you CAN file H1to H4 Change of status and will get H1 to H4 COS approved with new I-94 attached
OR
if you have H4 valid Visa stamped in passport and your spouse is on H1 status just go out of US and show passport h4 visa stamp and enter on H4 status at POE you will get I-94 till H4 Visa stamp expiry date( if your spouse H1 approval validity is more than your passport Visa stamp then at POE show passport Visa stamp AND spouse H1 approval notice and you will get I-94 till your spouse H1 approval notice)
 
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