H4 to H1 and H1 transfer

M

mercury1

New Member
I have a question on my status. Please reply...

I came here on H4
04/01/2004 -- H4
Applied for H1 but and recieved it for OCT 1 2004 but didn't start working
Went to India IN nOV 2004 and came back on Nov 2004 in H4
Start working in April 2005.
Applied for H1 transfer in DEC 2005
H1 transfer approved in Feb 2006
Now I am going for H1 stamping in India in DEC 2006.

Please let me know if there would be any problem with my case and what document should I carry with me. Thanks in advance
 
It seems your case has a problem.

mercury1 said:
I came here on H4
04/01/2004 -- H4
Applied for H1 but and recieved it for OCT 1 2004 but didn't start working
Went to India IN nOV 2004 and came back on Nov 2004 in H4
Start working in April 2005.
Applied for H1 transfer in DEC 2005
H1 transfer approved in Feb 2006
Now I am going for H1 stamping in India in DEC 2006.
Click to expand...
When you started working in Apr 05, did you change your status from H4 to H1 before starting to work ? Since you entered the US with H4 in Nov 2004, your status was H4 which is not authorized to work. YOu needed to change status to H1 to work at that time.
 
No I didn't change the status in april 2005.

I checkec with Lawyer and she is saying it is allright .. but not sure what to believe.

Does anyone has the similar experience?
 
When you transfered H1, you probably submitted copy of I-94. What status was written on that I-94 ? I-94 dictates your status and what was written on I-94 was your status at that time.
 
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