Hi,I got my H1 approved in december 2000 and the same month came to Us on H4 with my husband who is also on H1 here.Now my h1 was filed when i was in india hence my case doesn\'t validate for an H4 to H1 transfer but as a new H1.My company is refusing to give me my papers or to let me go to india to get my visa stamped as h1,hence i am still on h4 legally.Is there a limit on the time the H1 approval stands valid without it beinbg stamped.and is there a way i can get my h1 papers directly from the INS,coz the company is not giving me my papers till they find a project and as per the market the chances are bleak..please help..
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
H1 visa expiry
- Thread starter daffodil
- Start date
waitingwaiting
Registered Users (C)
No Title
The reason that your employer is not allowing you to goto India to collect your H1-B is because they will have to pay your income after you get your H1-B when if fact they are not able to find projects for you. H1-B workers by law must be paid even if they are on the "bench". If your H4 is still valid for sometime, I would think you should be ok in terms of your legal status. Find out from an immigration lawyer how long is an approved H1-B valid for before it can be "collected".
Hope this is of some help.
The reason that your employer is not allowing you to goto India to collect your H1-B is because they will have to pay your income after you get your H1-B when if fact they are not able to find projects for you. H1-B workers by law must be paid even if they are on the "bench". If your H4 is still valid for sometime, I would think you should be ok in terms of your legal status. Find out from an immigration lawyer how long is an approved H1-B valid for before it can be "collected".
Hope this is of some help.
waitingwaiting
Registered Users (C)
No Title
You are asking an interesting question.
I don\'t know how you can get possession of any immigration document without your employer or the employer\'s lawyer knowing !
Usually INS will not deal directly with the applicant (you), but will with the lawyer and/or employer only, as the employer is the one who has filed applications on your behalf . . .
What good are the papers to you anyway, as they will have the employer\'s name etc ?
Call INS directly and ask - explaining the situation.
Call another lawyer and ask for advice.
good luck
You are asking an interesting question.
I don\'t know how you can get possession of any immigration document without your employer or the employer\'s lawyer knowing !
Usually INS will not deal directly with the applicant (you), but will with the lawyer and/or employer only, as the employer is the one who has filed applications on your behalf . . .
What good are the papers to you anyway, as they will have the employer\'s name etc ?
Call INS directly and ask - explaining the situation.
Call another lawyer and ask for advice.
good luck
No Title
Hi there
well once ur husband\'s H1 expires he will have to file for extension of his H1.Usually that is done by the company he is working for.As for ur H4 u will have 2 simultaneously file for extension of ur H4.Ur H4 extension might not come before ur current H4 expires but that is okay since the status will be IN PROCESS.As long as ur husband\'s H1 is in place u don\'t have anything 2 worry.
Hi there
well once ur husband\'s H1 expires he will have to file for extension of his H1.Usually that is done by the company he is working for.As for ur H4 u will have 2 simultaneously file for extension of ur H4.Ur H4 extension might not come before ur current H4 expires but that is okay since the status will be IN PROCESS.As long as ur husband\'s H1 is in place u don\'t have anything 2 worry.
No Title
daffodil
This is an iteresting situation. In your situation I think the H1 you got from your empolyer will not be valid untill you get it stamped on your passport and reenter US again. Because your status is determined by the I-94 card you got. Right now your I-94 card shows H4 status. Which does not allow you to work legally. You have two ways to get this right.
1. Find another employer and do a new H1.
2. Get the existing H1 , go to India and come back with a new I-94 card.
Don\'t try to work in existing situaution. You might get in trouble later.
I think the first one is a better choice for you. If you are good , you should not have a any trouble finding a new job.
Hope this helps.
daffodil
This is an iteresting situation. In your situation I think the H1 you got from your empolyer will not be valid untill you get it stamped on your passport and reenter US again. Because your status is determined by the I-94 card you got. Right now your I-94 card shows H4 status. Which does not allow you to work legally. You have two ways to get this right.
1. Find another employer and do a new H1.
2. Get the existing H1 , go to India and come back with a new I-94 card.
Don\'t try to work in existing situaution. You might get in trouble later.
I think the first one is a better choice for you. If you are good , you should not have a any trouble finding a new job.
Hope this helps.