H1 Visa status

[Sindu]

Hi,

I have some questions about H4 and H1 visas, stamping etc.

I came to US on H4 visa on 2007. In April 2008 i got my H1 visa. By Sep 2008, i got my H4 renewed till 2011 and got my new I-94. Since i got my H1 Visa also, my consultant told i will be on H1 visa from Oct 2008. They applied for H4 to H1 transfer and they have the new i-94 with them. I haven't got any job till now. My doubts are below,

1) What is my Visa status now ? H4 or H1 ?

2) If i am on H1 Visa, how long can i be in US without job ?

3) I am planning to go to India for some medical treatment. When I am coming back, i need to go for stamping. Will they ask for paystubs since i am supposed to start work from Oct 2008 ?

4) Will there be any complications if paystubs are not shown ?

5) If i don't get stamping for H1 Visa, Can i come back in H4 Visa ? I think i need to take another appointment for that stamping also.

Please guide me. Expecting some early replies.

Any pointers will be appreciated.

Thanks in advance,
SD

 

[kabkaba]

Hi,

I have some questions about H4 and H1 visas, stamping etc.

I came to US on H4 visa on 2007. In April 2008 i got my H1 visa. By Sep 2008, i got my H4 renewed till 2011 and got my new I-94. Since i got my H1 Visa also, my consultant told i will be on H1 visa from Oct 2008. They applied for H4 to H1 transfer and they have the new i-94 with them. I haven't got any job till now. My doubts are below,

1) What is my Visa status now ? H4 or H1 ?

2) If i am on H1 Visa, how long can i be in US without job ?

3) I am planning to go to India for some medical treatment. When I am coming back, i need to go for stamping. Will they ask for paystubs since i am supposed to start work from Oct 2008 ?

4) Will there be any complications if paystubs are not shown ?

5) If i don't get stamping for H1 Visa, Can i come back in H4 Visa ? I think i need to take another appointment for that stamping also.

Please guide me. Expecting some early replies.

Any pointers will be appreciated.

Thanks in advance,
SD

Understand that there are three different things Visa, petition and status.
I suppose you did not get actual H1 stamp in April, you only got your petition selected in lottery. If H4 to H1 was applied for by your employer in April, your status was supposed to change to H1 from October 1.

But if you entered on H4 in September (before October 1) your status may still be H4. But it is best to confirm this with USCIS with the help of a lawyer.

Since you haven't been working since Oct 1 it is good for you if were still in H4 status, because in H1 status you need to work and get paid continuously by your employer. If you were on H4 status from October you need not have paystubs for H1 stamping, but if it turns out that you are on H1, then you are out of status.

So first get your status clarified from USCIS.

In general they will allow you to have only one H visa at a time, so most probably they will cancel H4 visa when they stamp H1, in that case you will not be able to enter on H4. So go for stamping only if you are certain that you will be paid on returning.

 

[ginnu]

Hi,

I have some questions about H4 and H1 visas, stamping etc.

I came to US on H4 visa on 2007.
In April 2008 i got my H1 visa.
------------------your employer filed H1 for you and that got approved you did not get VISA (Visa stamp is from US embassy or Consulate).
By Sep 2008, i got my H4 renewed till 2011 and got my new I-94.
--------------------After H1 approval in April 2008 you applied H4 extension with form I-539 and you got H4 extension approved till 2011 and got I-94 valid till 2011. You are on H4 status
Since i got my H1 Visa also, my consultant told i will be on H1 visa from Oct 2008. They applied for H4 to H1 transfer and they have the new i-94 with them. I haven't got any job till now.
------------------------you are mixing H1 petition approval with Visa.
My doubts are below,

1) What is my Visa status now ? H4 or H1 ?
--------------- You are on H4 status.
2) If i am on H1 Visa, how long can i be in US without job ?

3) I am planning to go to India for some medical treatment. When I am coming back, i need to go for stamping. Will they ask for paystubs since i am supposed to start work from Oct 2008 ?
------------------------you are on H4 status according to your LATEST I-94
4) Will there be any complications if paystubs are not shown ?
------------------
5) If i don't get stamping for H1 Visa, Can i come back in H4 Visa ? I think i need to take another appointment for that stamping also.
----------------you can get H4 visa stamp if your spouse is on H1 status.
Please guide me. Expecting some early replies.

Any pointers will be appreciated.

Thanks in advance,
SD

You have Latest I-94 with H4 status valid till 2011. If you go for H4 visa stamp and your spouse is on H1 status you don’t need pay stubs as you were on H4 status and on H4 one cant work.

 

[Sindu]

Hi,

Thanks for both the replies. As said, I got H1 petition approved. But since i am on US from 2007, i think i don't need Visa since i haven't got out of the country till now. Also my consultant told they had filed for H4 to H1 transfer and they do have my new I-94 for H1. So even though my H4 got renewed till 2011, i will be H1 visa status from Oct 1st 2008. If i got out of country, i need to get Visa to re-enter US. For that i need to go for H1 stamping. This is my knowledge from consultant.

Now my main concern is it legal to stay in this country in h1 status without job and when i go for stamping in India will they ask for pay stubs. My consultant says they wont reject but may ask for additional information.

So as my consultant says, if Now i am on H1 visa, my H4 is automatically canceled. IF my H1 is rejected while going for stamping in India, I think i need to take another fresh appointment again for H4 since my husband will be H1 status.

Would like to know whether my consultant is right on above matters.

-SD

 

[ginnu]

Hi,

Thanks for both the replies. As said, I got H1 petition approved. But since i am on US from 2007, i think i don't need Visa since i haven't got out of the country till now. Also my consultant told they had filed for H4 to H1 transfer and they do have my new I-94 for H1. So even though my H4 got renewed till 2011, i will be H1 visa status from Oct 1st 2008. If i got out of country, i need to get Visa to re-enter US. For that i need to go for H1 stamping. This is my knowledge from consultant.

Now my main concern is it legal to stay in this country in h1 status without job and when i go for stamping in India will they ask for pay stubs. My consultant says they wont reject but may ask for additional information.

So as my consultant says, if Now i am on H1 visa, my H4 is automatically canceled. IF my H1 is rejected while going for stamping in India, I think i need to take another fresh appointment again for H4 since my husband will be H1 status.

Would like to know whether my consultant is right on above matters.

-SD

Does your consultant know about the LAST ACTION rule? Last action for your status was when you filed H4 extension and got H4 extenaion was approved till 2011 and your LATEST I-94 is based on H4 status that is valid till 2011.
*** Don’t believe your consultant. If you are still confused go to lawyer with all your documents