H4-H1-H4 (Urgent-Please clarify)

S

swetha11

New Member
Hi,

I came to USA on H4 visa – Feb 08.It is valid till Sep2009(I-94).

H1b approved from Oct1 2008 with I-94.

My employer could not find project for me since Oct 08 till Dec 08.
Then I ran two pay stubs in the month of Jan and Feb.

I want to go back from H1 to H4 now for time being. And once I get project I want to go back to H1 (which will not come under CAP).

How can I convert from H1-H4?

1) Can I go to Canada by land and re-enter based on my H4 visa that was issued and valid till Sep2009 and get new I-94 for H4.

2) Or Should I instead file an I539? Which is the best option of these two.

3) If I follow step1, can I convert back to H1 later on, without cap?

Please advice me....
Any suggesstions is greatly appreciated.

Thanks
Swetha
 
swetha11 said:
Hi,

I came to USA on H4 visa – Feb 08.It is valid till Sep2009(I-94).

H1b approved from Oct1 2008 with I-94.

My employer could not find project for me since Oct 08 till Dec 08.
Then I ran two pay stubs in the month of Jan and Feb.

I want to go back from H1 to H4 now for time being. And once I get project I want to go back to H1 (which will not come under CAP).

How can I convert from H1-H4?

1) Can I go to Canada by land and re-enter based on my H4 visa that was issued and valid till Sep2009 and get new I-94 for H4.
--------------------Yes you can. If visit Canada by Air then you will get new I-94 based on H4 visa stamp before you take a flight for US as US Immigration is at Canada airport before you take flight for US. If you enter by border by car then they don’t automatically give you I-94 and they think that your trip is less than 30 days to Canada and can use same I-94 (automatic Visa revalidation). Better give your I-94 to Canada immigration when go to Canada by Car and when you enter US get new I-94 H4 based by paying 5 or 6 $ at US border post.(keep your spouse H1 approval notice and show if asked)
2) Or Should I instead file an I539? Which is the best option of these two.
------------------You can do that but if USCIS find out that you were out of status on H1(no payment and no work) then they may not approve your H1 to H4 COS.
3) If I follow step1, can I convert back to H1 later on, without cap?
------------------your employer can file H4 to H1 COS again and can work after COS gets approved. FYI at this time USCIS is asking lot of documents from Employer for H1. many who file H1 extensions and are working with same employer are also getting RFE for lot of documents at this time.
Please advice me....
Any suggesstions is greatly appreciated.

Thanks
Swetha
Click to expand...

-------------H1 holders who paid to desi employer to file H1 created the mess for lot of RFE and once they got H1 approved they got visa and came to US. After reaching US they were on Bench and no medical insurance and no payment and no work. USCIS is after these employers and many are going to be in legal trouble in coming days.
 
Thanks for the response.

Suppose if I file an I539? What happens if its not approved.

Will i be in H1 status since my H1 is till 2011.

Please let me know.
 
swetha11 said:
Thanks for the response.

Suppose if I file an I539? What happens if its not approved.
----------------------you know What happens if its not approved.
Will i be in H1 status since my H1 is till 2011.
-----------------if you are not working and not being paid you will be out of status.
Please let me know.
Click to expand...
----------for more info you must talk to your lawyer.
 
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