H4 status conversion from H1

S

smitag

New Member
Hi ,

I have a qn. and hope you guys will have an answer :

My husband is on H1B and changed job due to which I got a new H4 but did not have it stamped on my passport . Later I applied for H1B through a consultant and got it approved. But because my employer is not able to pay salary I want to go back to H4. I am going to India next month and have a visa appointment scheduled. Can I get H4 stamping on my earlier approval or do I have to go for H1B ? In any case what is the best way to get H4 status ? All help is appreciated.

Please reply as I am very worried.

Thanks in advance.
Smita
 
Dear GotPR ,
Thanks for the info. Do I need to do anything here in US (like apply for change of status ) ? or just at the time of stamping in India go for H4 & it will be fine ?

Thanks !
 
smitag said:
Dear GotPR ,
Thanks for the info. Do I need to do anything here in US (like apply for change of status ) ? or just at the time of stamping in India go for H4 & it will be fine ?

Thanks !
Click to expand...
If your H1 start date has been already passed, but still not working, it is considered status violation, so that I'd say it's safer to file change of status to H4. But I think the decision won't come before you travel next month.
 
but i have not worked . I have no pay stubs or w2.
someone told me that if i have not worked than my h4 status is valid irrespective of h1b approval.
any thoughts to share ?
 
Smitag, I also have the similar case and I was told the same thing that H4 status untill you start working on H1


What gurus say here
 
If you received I-94 with H1 approval, there is validity period on that I-94. It say from when to when and you are considered H1 status during the period printed on I-94.
If you did not receive I-94, your H4 status remains valid.
 
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