I am currently in H4 status. One company sponsored H1 for me and it got approved (with I-94 and valid from 1st Oct'04). Due to personal reasons, I may not join them. in that case, Do I need to Cancel that H1 and re-apply for H4? or if i dont join them, can I stay in H4 itself. From 1st Oct'04, am I considered on H1 even if I dont join that company?. please someone help me.
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H4--->H1--->H4 Info required
- Thread starter pks1976
- Start date
GCChaahiye
Registered Users (C)
Give the dates of expiry of your current H4 and I-94.
You should be fine if you do not start working for that company on H1B and do not get onto their payroll.Incase you happen to travel out of US before October 1, you should come back into the US using your H4(if you already have your H4 stamped in your passport, else you would have to apply for H4 visa stamp in your passport at the consulate in your home country).
You should be fine if you do not start working for that company on H1B and do not get onto their payroll.Incase you happen to travel out of US before October 1, you should come back into the US using your H4(if you already have your H4 stamped in your passport, else you would have to apply for H4 visa stamp in your passport at the consulate in your home country).
GCChaahiye
Registered Users (C)
From www.murthy.com
http://murthy.com/chatlogs/chat0816.html
Chat User : Hi. I’m currently on an H-4 visa. H1B was approved last month. Does this mean that I’m out of H-4 status ? Thank you.
Attorney Murthy : Generally, a later approved status supersedes an earlier status under the Last Action Rule. The problem is that there is too much confusion all around with folks switching from one status to another but not wanting to start or continue work with a particular employer. Under the 1998 law called ACWIA, the latest that a person is supposed to start working for the H1B employer is within 30 days if the H1B employee is entering from abroad or within 60 days from the H1B start date if s/he is already in the U.S.
http://murthy.com/chatlogs/chat0816.html
Chat User : Hi. I’m currently on an H-4 visa. H1B was approved last month. Does this mean that I’m out of H-4 status ? Thank you.
Attorney Murthy : Generally, a later approved status supersedes an earlier status under the Last Action Rule. The problem is that there is too much confusion all around with folks switching from one status to another but not wanting to start or continue work with a particular employer. Under the 1998 law called ACWIA, the latest that a person is supposed to start working for the H1B employer is within 30 days if the H1B employee is entering from abroad or within 60 days from the H1B start date if s/he is already in the U.S.
GCChaahiye
Registered Users (C)
pks1976 said:my passport is stamped for H4 till december 2005 and same goes with I-94.
if i dont leave USA, do i need apply again for H4 or am i okay with present stamping on passport and I-94.
You will be fine till December 2005 to be on your present H4.
So that means if you are reverting back from H1 to H4 you dont have to do anything, do you automatically come into H4 status? or you have to file a petition with USCIS saying that you want to come back to H4 status and if yes then can you file the petition before the start date of your H1 visa?
You will be on H4 if and only if you have not joined the employer and not on the employer's payroll. If you are on the employer's payroll, then you have to apply for change of status from H1 to H4 or just go out of the country and re-enter on H4 visa. If the passport doesnt have valid H4 then you have to get the visa stamped for H4.
--Vortex.
--Vortex.
Jaggy said:So that means if you are reverting back from H1 to H4 you dont have to do anything, do you automatically come into H4 status? or you have to file a petition with USCIS saying that you want to come back to H4 status and if yes then can you file the petition before the start date of your H1 visa?