H4->H1 240 day grace period

S

samuz

Registered Users (C)
Hello,
This is urgent. Can anyone please give me info?
My H4 status expires on September 9th 2005 with my husband's H1 expiry. He has to leave the country as his 6 yr term is up. But if some company applies for my H1 before Sep 9th, can I continue staying in US with only the H1 receipt. Does the 240 day grace period apply for me till I get my H1 approval. I have completed only 4 years in US.

Please respond ASAP.

Thanks
Samuz
 
samuz said:
Hello,
This is urgent. Can anyone please give me info?
My H4 status expires on September 9th 2005 with my husband's H1 expiry. He has to leave the country as his 6 yr term is up. But if some company applies for my H1 before Sep 9th, can I continue staying in US with only the H1 receipt. Does the 240 day grace period apply for me till I get my H1 approval. I have completed only 4 years in US.

After Sep 9th 2005, you do not have any status. Even your H1 gets approved, you can not start working immediatly and you have to wait until OCT 1, 2005.

Most propably you will not get your change of status, you may get a new H1 visa, for that you have to go out and get H1 stamped and come back with new I 94 with Caveat "H1" on it to get your SSN and start working.

This peculiarity , because your spouse H1 runs out. If he can recapture his vacation period (last 6 years) and extend his visa for few months, you are safe, by extending your H4 and processing your H1 at the same time.
Calculate your spouse's vacation time. ( physical absence from US). Act quickly. Please respond ASAP.

Thanks
Samuz
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Thank you so much for your reply. I'll really be grateful if you can make sometime to answer the following concerns as well.

1) my husband has no vacation period. So that's not an option

2) I might get a job offer from a university. In that case I guess the H1 cap will not apply for me and if the univ applies for premium processing immediately, then I might be able to get an H1 approval before my I-94 expires. In that case I'm safe right?

3) If the univ applies for my H1 and I get the receipt, but do not get an approval before Sep 9th 2005 then will I be considered out-of-status even if H1 application is pending? Do I get any grace period to still stay in the US and wait for my H1 approval?

Thanks
Samuz
 
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