H1 to H4 transfer

[ritu75]

I recently got my H-4 visa transferred to an h1-b visa. But I received my H1-b while I was in India for a short trip and re-entered on H-4(even though I had received my H-1 in the interim). When I went to the SSA office to change by SSN status, it came back with "Not Authorized to Work" (as it was previous to my new visa). Now, is this because of my re-entry on H4 (I couldn't have re-entered on my new H-1 since it was mailed here in US while I was away). And what should I do now about it? Has anyone had a similar case as mine. Does this effect my employment in any way?

Thanks,

 

[ginnu]

I recently got my H-4 visa transferred to an h1-b visa.
But I received my H1-b while I was in India for a short trip and re-entered on H-4(even though I had received my H-1 in the interim).
---- It simply means you entred on H4 status and you still have H4 status as the I-94 that you got is based on H4, You should have gone to consulate in India with H1 approval notice and you could have get H1 Visa then enter on H1B status to work
When I went to the SSA office to change by SSN status, it came back with "Not Authorized to Work" (as it was previous to my new visa).
-----becuse you are on H4 status
Now, is this because of my re-entry on H4
---YES
(I couldn't have re-entered on my new H-1 since it was mailed here in US while I was away).
---YES ,with NEW H1B visa stamp
And what should I do now about it? Has anyone had a similar case as mine. Does this effect my employment in any way?
----- you canot work on H4, go to your lawyer who filed H4 to H1B and discuss your options
***FYI you filed COS from H4 to H1B in US and then departed US while COS was pending and COS is abandoned if you depart US before COS is approved
Read:
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

Thanks,

 

[ritu75]

thanks

Hi Ginnu,

Thanks for your reply. Are you aware of any options that are available in such a case. Is going back to India and getting the H1 visa stamped again an option and what(if any) problems we can face while getting the visa stamped.

Regards,

 

[ginnu]

Hi Ginnu,

Thanks for your reply. Are you aware of any options that are available in such a case. Is going back to India and getting the H1 visa stamped again an option and what(if any) problems we can face while getting the visa stamped.
----- please seek legal advice from your lawyer.

what I will do is again file H4 to H1 COS and once get H1 approved with new I-94 attached start working
Regards,

 

[ritu75]

Thanks Again

And will this H4 to H1 will be part of the next quota (as the current one is already exhausted) and what about the legal aspect of the work already done. Is that considered illegal? Can she go to India and get this H1 stamped now and use the same to start work again?

Regards,

 

[waitin_toolong]

And will this H4 to H1 will be part of the next quota (as the current one is already exhausted) and what about the legal aspect of the work already done. Is that considered illegal? Can she go to India and get this H1 stamped now and use the same to start work again?

Regards,

Since you already have an H1 approval now the question is to change the status from H4 to H1. You can do it inn two ways
1) from outside US at a consulate or
2) apply for change of status with USCIS. as far as i can tell you will use the current I-767 (H1 approval notice) not apply for a new one as a basis for COS. you can start work only after you get approval for COS. but in going outside the country ... you can avoid the delay. And it should not be counted against the quota. By leaving US what was abandoned was the change os status, the H1 approval still stands, but you need to change status outside US now thats all.

Remember the stamp and status are two entirely different things. Stamp is for entry and status is what you have when u r inside.

Follow Ginnu's advice and talk to the laywer (urs or company's) to decide on the best course.
Well if she worked it was unauthorised. so legal advice is best. Try to work something out with the employer.
Good Luck.

Do remeber to post ur experience later

 

[ritu75]

Thanks guys

Thank you, I will definitely post the final outcome, I am in talks with the company lawyers also and wanted to get more insight into the whole affair from this forum, which I did thanks to you guys.

 

[ginnu]

And will this H4 to H1 will be part of the next quota (as the current one is already exhausted)

and what about the legal aspect of the work already done.
---- it was illegal work being on H4 status
Is that considered illegal?
----yes
Can she go to India and get this H1 stamped now and use the same to start work again?
------ they may dicovr the illegal work on H4 status, problem for you, take help of your lawyer
Regards,

 

[ritu75]

Couple of more questions guyz..
Since she entered on H4 visa and as u guyz say,the H1 status is invalid for her rite now,is the h4 still valid??Can she apply for a transfer of h1 from some other employer(will that come under the quota,if she can)
What if she just leave the H1 aproval as it is,can the current employer for new H4-H1 again now or some other company apply for a new H4-H1 which will obviously come under the quota..
Thnx in advace for all the help..

 

[ginnu]

Couple of more questions guyz..
Since she entered on H4 visa and as u guyz say,the H1 status is invalid for her rite now,is the h4 still valid??
-----YES, becase she enterd on H4 and got I-94 based on H4 Visa stamp
Can she apply for a transfer of h1 from some other employer(will that come under the quota,if she can)
----- She is NOT on H1 and H1 to H1 Transfer can ONLY be applied if she worked on H1 status AND has recent pay stubs

What if she just leave the H1 aproval as it is,can the current employer for new H4-H1 again now or some other company apply for a new H4-H1 which will obviously come under the quota..
------ Same employer or ANY employer can file H4 to H1 COS

Best option go to your lawyer and seek legal advice