H1 to H4 Change of Status

[anon123x456z]

Hello ,

I entered USA in Dec. 2007 on H4 Visa valid till April 2010. I got my H1B approved in October 2008. I worked for few months, and due to bad economy I do not have any project since last 5 months and also no paystubs. I would like to change back to H4 status. But I understand that filing for change of status from within US might require latest paystubs. So I am planning to go to my Home country this month ( Nov 2009 ) and return in Jan 2010.

My questions are:

1) The H4 visa stamp on my passport is valid till Apr 2010. So can I simply enter USA with the same stamp and valid H1b petition from my spouse to get the new valid I-94 in H4 status?

2) Will there be any issue at Port of Entry ? Has anyone done this before ?

3) If this can be done then once I get valid I-94 with H4 status, Do I need to file any other form in addition like I-539 to be in proper status ?

Thanks in advance !

 

[ginnu]

Hello ,

I entered USA in Dec. 2007 on H4 Visa valid till April 2010. I got my H1B approved in October 2008. I worked for few months, and due to bad economy I do not have any project since last 5 months and also no paystubs. I would like to change back to H4 status. But I understand that filing for change of status from within US might require latest paystubs. So I am planning to go to my Home country this month ( Nov 2009 ) and return in Jan 2010.

My questions are:

1) The H4 visa stamp on my passport is valid till Apr 2010. So can I simply enter USA with the same stamp and valid H1b petition from my spouse to get the new valid I-94 in H4 status?
---------------Correct, at POE show valid H4 visa stamp AND your spouse H1 approval notice and you will get I-94 till your spouse H1 approval validity.

2) Will there be any issue at Port of Entry ? Has anyone done this before ?
---------I have not read. you can ask your lawyer.
3) If this can be done then once I get valid I-94 with H4 status, Do I need to file any other form in addition like I-539 to be in proper status ?
------if you get H4 based I-94 and enter on H4 you dont need to file I-539 with USCIS. check the validity of I-94 and you need to file H4 extension Before I-94 expires and your spouse is on H1 status.

Thanks in advance !

---------------