H4-H1-H4 Issue

S

shankarzx

Registered Users (C)
Hi,

My wife entered US in 2006 on H4 and applied for H1 in 2007, she got H1 approved but the I94 attached had errors and her employer applied for amendment and we got the amended approval in Dec 2008, she wants to return to India for health reasons.

I have a question - Is it good to go to India and apply for H1 to H4 COS or to get the COs approved and leave the country?

From When her H1 is considered as effective - Oct 2007 , or Dec 2008? She has to start a project from Feb09 and wants to return in July 09.

Can any one suggest?

Thanks
-Shankarzx
 
shankarzx said:
I have a question - Is it good to go to India and apply for H1 to H4 COS or to get the COs approved and leave the country?
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If she is going to enter the US next time with H4, applying COS in the US is just waste of money.
She can just enter the US with H4 stamp if she still has valid one. If H4 stamp is expired, she needs to apply again, but this is also the case even though she got COS apprived before leaving the US.
 
Thanks a lot Got pr?

I appriciate ur time, her h4 stamping has expired and she is planning to go back to india and stay there for a while. My only concern is - will she be subject to the 3/10 year bar coz she was out of status for more than 180 days or 365 days? - I don't know from when the count starts - as said her h1 got approved in oct 2007 and ammended approval reached us in Nov 2008.
Please let me know.
thanks
shankarzx
 
Talk to lawyers. Unlike overstay, out of staut shouldn't be counted toward 3/10 years bar, but you need confirmation from professionals on the critical issue.
 
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