H4/h1

[shekar_raja]

Hello all,

Many have asked this question but I found many different answers so posting again.
My wife came to US on H4 and an employer filed for her H1. The H1 was approved but since he could not find a project for her, applied for her H1 to be revoked.
We received a mail from USCIS that her I-129 is being reviewed.

Questions -
1. Was she ever on H1?
2. Do we need to apply for her change of status from H1 to H4?
3. If we cannot apply for change of status, what are our options?

Thanks
Raja

 

[Concerned4us]

A COS to H4 is unlikely to be approved since she appears to be out of status. She should exit the US immediately and reenter to regain proper status.

(Stop posting the same question repeatedly!)

 

[ginnu]

Hello all,

Many have asked this question but I found many different answers so posting again.
My wife came to US on H4 and an employer filed for her H1. The H1 was approved but since he could not find a project for her, applied for her H1 to be revoked.
-------------------------She is out of status.
We received a mail from USCIS that her I-129 is being reviewed.

Questions -
1. Was she ever on H1?
--------------------Her H1 petition was approved. if employer did not pay her on H1 then she was out of status.2.
Do we need to apply for her change of status from H1 to H4?
----------------------She is NOT on H1 status. if she file COS it will be denied.3. If we cannot apply for change of status, what are our options?
-------------------------Go out of US. She can enter on H4 staus by getting H4 visa stam. if she has valid H4 stamp then at POE she will show valid H4 visa stamp and Your H1 approval notice .
Thanks
Raja

-------------------

 

[shekar_raja]

Thanks heaps for the information.

I just have 1 more qn -
The employer has only applied for revoking the H1 and we are yet to hear back from USCIS. We only got an email that her I129 is under review.

Since the original H1b is with the employer, does she need to submit her new I-94 or can we submit the old I-94 that she got while entering US on H4?

Thanks

 

[ginnu]

Thanks heaps for the information.

I just have 1 more qn -
The employer has only applied for revoking the H1 and we are yet to hear back from USCIS. We only got an email that her I129 is under review.
--------------------Employer has revoked H1 by writing to USCIS and the revoking date will be the date employer sent letter. Employer is supposed to inform you and he informed you, H1 is filed by US employer and it is employer petition. USCIS is not going to write letter to you that your H1 is revoked USCIS will just update the revoking status in USCIS records.


Since the original H1b is with the employer, does she need to submit her new I-94 or can we submit the old I-94 that she got while entering US on H4?
------------------She needs to surrender her I-94 that is attached with her H1 approval notice and the White I-94 that she got when she came on H4 status. She needs to staple both I-94 and surrender at the Airline counter before departing US so that USCIS has record that she departed US. FYI her LATEST I-94 that is attached with H1 approval notice is the LAST ACTION. Inform the employer that by law she has to surrender her Latest I-94 when she depart and if employer does not reply, send him Fax signed by your spouse (keep copy of letter) If the employer does not give I-94 and H1 approval notice then send complaint to DOL and also request to recover her wages from the date employer got her H1 approval and inform DOL that employer is not giving her H1 approval or latest I-94.
*** she should keep copy of all the I-94 front and back for her records.
Thanks

If she has valid H4 visa stamp then she can go to Canada or Mexico and when she enter Canada she should give her all I-94 to Canada immigration officer and when she enter US she will show her valid H4 visa stamp and can get new H4 based I-94 by paying $6 at border post.