H4-H1-H4 - urgent question please help

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Pinky Patel

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H4-H1-H4 - urgent question please help

My Friend's wife is on H4 visa, but sometime back her husband applied for H1b visa through a consulting company, but since she did not get any job she continued on H4. Now his H1b is due for renewal and he wants to renew her H4 as well. Is she still considered to be on H4 to renew her H4 visa(Her h1b is valid for some more time) but legally she is on H4. If they go to india for vacation does she need to get the H1b stamped or can she get the renewed H4 stamped ? She has no paystub from the company that sponsored h1b so getting h1b stamped is out of question. please suggest.
 
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Pinky Patel said:
My Friend's wife is on H4 visa, but sometime back her husband applied for H1b visa through a consulting company, but since she did not get any job she continued on H4. Now his H1b is due for renewal and he wants to renew her H4 as well. Is she still considered to be on H4 to renew her H4 visa(Her h1b is valid for some more time) but legally she is on H4. If they go to india for vacation does she need to get the H1b stamped or can she get the renewed H4 stamped ? She has no paystub from the company that sponsored h1b so getting h1b stamped is out of question. please suggest.
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OK -- this is just my observation -- not something that's even pretending to be legal blurb :)

Applying for H1 only denotes possible intent to work for the said employer.
Since she never actually worked for that employer she was never on H1 status (evidenced by lack of paystubs and I also presume lack of all other docs)

So she can continue with H4 related procedures -- the H1 is not valid - since there is no job currently
(this is like getting laid off on day 1).
 
Thanks for the response, But the question is :
Is she out of status or is the H4 status still valid and eligible for H4 extension?
 
Pinky Patel said:
Thanks for the response, But the question is :
Is she out of status or is the H4 status still valid and eligible for H4 extension?
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H1 filing really means nothing (to actually change status to H1, one needs to be begin working pursuant to that H1)

So the H4 status is fine.
 
H4 to H1

Once you change the status from H4 to H1, your H4 status is gone and she is not dependent.

She has to change from H1 to H4 to continue to stay in US. If she continue to stay on H1 without a pay stub for a long time , she will lose her status, and H4 denial may happen.

Only new H1 has no value, but change of status has effect on your old status.

If a F1 student after completion of his/her study get COS to H1 and no job means his F1 status is gone unless he gets another I-20 and go back to F1.
 
Pinky Patel said:
Can anyone pls suggest what to do in this situation ?
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Pinky Patel,

Can you let us know what happened with your visa status.
Did you found any solution .

thanks
 
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