H1B Validity-- Urgent

[hvrao]

Hi

I have a H1 B approved and the details are :

I-I29-Petition for Non- Immigrant worker

Receipt Date:
September 29,2004
Notice Date
November 29,2004

Valid from 29th Nov 04- 30th sep 2007.

But I got my H4B stamped on 29th September-04. So I did not go for stamping for my H1 B. Now I am in USA on H4 Visa.

Is there any way if I can use my previous H1 by filing change of status in USA from H4-H1

Any suggestions are really encouraged.


--Rao

 

[jinx]

Hi

I have a H1 B approved and the details are :

I-I29-Petition for Non- Immigrant worker

Receipt Date:
September 29,2004
Notice Date
November 29,2004

Valid from 29th Nov 04- 30th sep 2007.

But I got my H4B stamped on 29th September-04. So I did not go for stamping for my H1 B. Now I am in USA on H4 Visa.

Is there any way if I can use my previous H1 by filing change of status in USA from H4-H1

Any suggestions are really encouraged.


--Rao

Your Receipt date for H1 is September 29,2004 and you got your H4 stamped on the same day. Does this mean that you applied for H1 and went to India and came back on H4? If that is the case then H1 is not valid. You need to have a continuation of I94s which will not be there in this case.
Not sure if i understood your case completly but you can not apply for a change, transfer or extention of an H1 or H4 and go out of country while it is in process. If you do, your latest I-94 that you got at port of entry will be your valid status. This is my understanding of the rule.