H4 and H1 petition issue

G

gangsofnewyork

New Member
Hi, I have come to US on H4 visa, it is expired on oct-2006.Now I am
separated from my husband and staying with my sister at US. I am not
sure whether he has applied my H4 extension or not. I have got H1
petition approved and valid which I got before H4 stamping, I have H1
petition with me.
Please answer my below questions.

1) The H1 which I have can still be considered valid once my H4 is
stamped.
2) Can I stay back with my valid H1 petition even after my H4 visa has
expired and my husband leaves the country?
3) Can I work with my valid H1 even after H4 expired?
 
First, you need to find out whether I-94 is attached to the approval notice.
Second, if you have I-94 with I-797, when is the starting date printed on I-94.
 
Thanks PR for your reply.
I believe I-94 is attached to I-94 since petition papers is india.I have asked my parents to post it.before that can you plese tell me if I-94 is not attached to I797 what are my options.
 
c
gangsofnewyork said:
Hi, I have come to US on H4 visa, it is expired on oct-2006.Now I am
separated from my husband and staying with my sister at US. I am not
sure whether he has applied my H4 extension or not. I have got H1
petition approved and valid which I got before H4 stamping, I have H1
petition with me.
Please answer my below questions.

1) The H1 which I have can still be considered valid once my H4 is
stamped.

Assumed that you got your H1 approved while you are in your home country.
But you came with H4 visa stamped in your pp. If that is true, you are out of status without extending your H4. And your approved H1 has no value and it is a piece of paper unless you go out of US and get the H1 stamped in your pp and re-enter.
2) Can I stay back with my valid H1 petition even after my H4 visa has
expired and my husband leaves the country? NO, not at all
3) Can I work with my valid H1 even after H4 expired? No, your H1 is not a vaild visa just an approval notice, a piece of paper.
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