H1 to H4 Visa

eklavya

New Member
HI! My wife was on H1, she got laid off in May end, she was able to find a consulting company willing to sponsor her H1, In June end they filed the new H1, she did not get any assignment so she remained on leave and was not paid any salary, for some family issues she has to go to India her new H1 has not come through yet, She wants to get the H4 stamped in India and comeback on H4 status. All my paper work W2's, Salary Slips are fine. Is she going to face any problems because of her last H1 not being cleared ? Is her status valid till now because a new H1 was filed on her behalf in June. Any help is really appreciated
 
You bet there will be questions about the H1s before (but not most likely about the pending ones). Many US consulates have seen H4s transferring to H1 and then trying to get H1 or H4 stamp at the same consulate and are refused any visa.

By the way, by travelling out of the country and trying to get H4 visa, she will abandon the pending H1 petition.
 
Thanks.

Thanks Jaxen,
She has the w2 and the salary slips plus the experience letter from her last job( which ended in may ), I am just concerned because the current application is not thorough yet and as you correctly mentioned it is going to get abandoned, does that impact her status from may till now or is that considered as a valid status for her.

appreciate all your help.
 
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