H4-h1 cos

[nidhi_k81]

Hi,

Attorneys please help....

I came to US in Jan 2008 on an H1-B Visa which got approved in Oct 2007. I worked in the US from Jan 2008 to Oct 2008 .On completion of the project I went back to India. I got married and returned back to the US on an H4 Visa as my spouse holds an H1. As I could not get any project in the US through my employer, I resigned. Currently I am pursuing my MS from a US University and am in a big dilemma about my work authorization after I graduate.

I am studying on H4 visa and did not convert into F1 because of the in state tuition which is less than the out of state tuition which I would had to pay, had I converted to F1. I will graduate in May 2011. I am in confusion whether to continue in H4 or change to F1 Visa(so that I can avail the OPT after I graduate). I have a couple of questions and I need them answered well ahead:

1. As I already had an approved H1 petition, would it be possible to do a Change of Status from H4 to H1 once I get a job offer after I graduate? The first 3 yrs of my H1 expire in Sep 2010. Does this date which was on my H1 visa on passport have anything to do with the expiration of H1? Or it does not matter and I get (6 yrs-10 months= 5 yrs 2 months) remaining on my H1.

2. I am not sure if my earlier employer has revoked/not revoked my H1. Is there a way I can find this out through the USCIS?

I need these questions answered, they are really important to me. If I am unable to get back to H1 through a COS then I will have to apply for F1 now.
Please do reply in case you are aware of any of the answers.

Thanks so much,
NidK

 

[ginnu]

Hi,

Attorneys please help....
We are NOT Attorneys . Who told you that Attorneys give Fee advoce?
I came to US in Jan 2008 on an H1-B Visa which got approved in Oct 2007. I worked in the US from Jan 2008 to Oct 2008 .On completion of the project I went back to India. I got married and returned back to the US on an H4 Visa as my spouse holds an H1. As I could not get any project in the US through my employer, I resigned. Currently I am pursuing my MS from a US University and am in a big dilemma about my work authorization after I graduate.

I am studying on H4 visa and did not convert into F1 because of the in state tuition which is less than the out of state tuition which I would had to pay, had I converted to F1. I will graduate in May 2011.
I am in confusion whether to continue in H4 or change to F1 Visa
-----------------I dont post for F1 visa/status
(so that I can avail the OPT after I graduate). I have a couple of questions and I need them answered well ahead:

1. As I already had an approved H1 petition, would it be possible to do a Change of Status from H4 to H1 once I get a job offer after I graduate?
---------------- your H1 approved Petition will be of no use as you last came on H4 status and have I-94 based on H4 status. Employer has to file H4 to H1 Change of Petition and once Approved you can work on H1 OR employer can file Fresh H1 petition and you go out get H1 visa stamp and enter on H1 status.

The first 3 yrs of my H1 expire in Sep 2010. Does this date which was on my H1 visa on passport have anything to do with the expiration of H1? Or it does not matter and I get (6 yrs-10 months= 5 yrs 2 months) remaining on my H1.

2. I am not sure if my earlier employer has revoked/not revoked my H1. Is there a way I can find this out through the USCIS?
----------------no use of that Petition as you are not on H1 status.
I need these questions answered, they are really important to me. If I am unable to get back to H1 through a COS then I will have to apply for F1 now.
Please do reply in case you are aware of any of the answers.

Thanks so much,
NidK

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