H4-H1-H4 Visa help

R

rajkumaf687

Registered Users (C)
Hi,

I am on H1B visa.

My wife enterted in US on H4 visa which is valid till September 2008.

She got a job on H1B visa. Her H1B petition (and new I-94) is expiring on Sept 30, 2007.

After that would she come back to H4 Visa automatically or do i need to inform USCIS in some way about her getting back to H4 status ?

Please advice ASAP, as she has left on 40 days in her new I-94 date.

regards,
- Raj
 
I don't think she will automatically get back to being on H-4 status. She will need to apply for COS, or leave the US and re-enter using her valid H-4 visa.

rajkumaf687 said:
After that would she come back to H4 Visa automatically or do i need to inform USCIS in some way about her getting back to H4 status ?
Click to expand...
 
rajkumaf687 said:
Thanks Triple Citizen,

Would that effect her 485 which is already filed ?
-----------------NO
regards,
- Raj
Click to expand...
I am on H1B visa.

My wife enterted in US on H4 visa which is valid till September 2008.

She got a job on H1B visa. Her H1B petition (and new I-94) is expiring on Sept 30, 2007.

After that would she come back to H4 Visa automatically or do i need to inform USCIS in some way about her getting back to H4 status ?
-------------------- if she want to remain on H1 status then her employer should file H1 extension BEFORE her I-94 gets expired. if you want to be on H4 status then she need to file H1 to H4 Change of status with I-539 form, Fee, Copy of her valid I-94(front and back) AND YOUR I-94 (front and back) and her COS Must reach USCIS BEFORE her I-94 hets expired

Please advice ASAP, as she has left on 40 days in her new I-94 date.
-she can file H1 extension NOW or COS NOW
 
Many Many Thanks Ginnu !!!

One more thing, when I filed 485 for her, she was on H1B so I wrote the same(H1B).

Now that she will come to H4, so how would USCIS come to know that she changed her status to H4 ? Would they automatically understand with I-539 ?

best regards,
- Raj
 
rajkumaf687 said:
Many Many Thanks Ginnu !!!

One more thing, when I filed 485 for her, she was on H1B so I wrote the same(H1B).
--------------------that is OK
Now that she will come to H4, so how would USCIS come to know that she changed her status to H4 ?
----who approve the H1 to H4 COS??
Would they automatically understand with I-539 ?
------yes
best regards,
- Raj
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