I came into US on H4 visa and subsequently found an employer and obtained an H1-B visa in Jan 2005. But I never started working since I became pregnant during that time. Then I had to extend my H4 visa since my husband changed jobs. Now that I am ready to start work using my old H1, should I apply for a change of status? If so, what is the procedure?
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H4 to H1 change of status
- Thread starter rajlava
- Start date
What class does your LATEST I-94 carry ? I believe since you extended your H4, you are on H4(last action rules) and you need COS to H1 to work. If you already have H1 valid stamp, just reentering the US with that stamp may convert you to H1 status, but just confirm with laywer for this part.
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Please check class of your latest I94. It tells your what status you are on(I guess it's H4, but just make sure).
For the case of H1 -> H4 -> H1, I heard you can start working once petition is received by CIS like H1 transfer(And I read that one person did it and posted it in this forum long time ago), but please make sure with lawyer for this part. So far, I personally did not confirm this with the word of law yet.
For the case of H1 -> H4 -> H1, I heard you can start working once petition is received by CIS like H1 transfer(And I read that one person did it and posted it in this forum long time ago), but please make sure with lawyer for this part. So far, I personally did not confirm this with the word of law yet.
I think you have 2 options.
1. Change of status
2. going back to you home country and get H1 stamp if you'll work for the same company as the one on your original H1 approval(If H1 approval notice is not expired) and if this company did not revoke your H1. I believe it is legal, but make sure with laywer before doing this.
1. Change of status
2. going back to you home country and get H1 stamp if you'll work for the same company as the one on your original H1 approval(If H1 approval notice is not expired) and if this company did not revoke your H1. I believe it is legal, but make sure with laywer before doing this.
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Out of status interpretation
Hi folks,
My wife entered this country on H4 in Dec 2003, got an H1 through consultant in Oct 2004 (with new I-94), but did not begin to work for the employer until April 2005, when she actually landed a contract. She has been working ever since. Her AOS petition was filed along with mine in Sept, and we recently received our AP that we plan to use to travel outside the country (to visit India).
My question is: Was she "out of status" since she did not work from Oct-Apr?
Will this cause issues for her to re-enter using AP? She can carry a document from her employer explaining the gap and 3-4 recent paystubs and a current letter of employment, will that help? Or to be absolutely safe, should she try to obtain H1 visa on her passport when in India?
Any info in this regard would be really great....
Hi folks,
My wife entered this country on H4 in Dec 2003, got an H1 through consultant in Oct 2004 (with new I-94), but did not begin to work for the employer until April 2005, when she actually landed a contract. She has been working ever since. Her AOS petition was filed along with mine in Sept, and we recently received our AP that we plan to use to travel outside the country (to visit India).
My question is: Was she "out of status" since she did not work from Oct-Apr?
Will this cause issues for her to re-enter using AP? She can carry a document from her employer explaining the gap and 3-4 recent paystubs and a current letter of employment, will that help? Or to be absolutely safe, should she try to obtain H1 visa on her passport when in India?
Any info in this regard would be really great....
Was this done with change of status ? If so, when was start date on approval notice and when actually did she start tobe on payroll ? And when did she file I485(sep 2004 or 2005 ) ?
If she did change of status, her status got changed automatically upon "start date" and she needed to be on their payroll to maintain status til she filed I485.
If out of status period is less than 180days, most probably she is fine.
If she did change of status, her status got changed automatically upon "start date" and she needed to be on their payroll to maintain status til she filed I485.
If out of status period is less than 180days, most probably she is fine.
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Hi,
I'm nost sure if a separate change of status application was filed.
Her start date as indicated on H1 apporval notice was Oct 1 2004. She started being on payroll from April 4 2005 for the same employer.
Her I-485 was filed in Sept 2005.
The consultant had told me that since she was on H4, this wasn't illegal, and that he would be providing a letter explaining that the absence was because she did not have an SSN. (You can't be on payroll without SSN)
She has an approved AP and is planning to use that to return back from India.
I'm nost sure if a separate change of status application was filed.
Her start date as indicated on H1 apporval notice was Oct 1 2004. She started being on payroll from April 4 2005 for the same employer.
Her I-485 was filed in Sept 2005.
The consultant had told me that since she was on H4, this wasn't illegal, and that he would be providing a letter explaining that the absence was because she did not have an SSN. (You can't be on payroll without SSN)
She has an approved AP and is planning to use that to return back from India.
If you could see I94 attached on H1B approval notice, it means COS was filed and approved.dabuk said:Hi,
I'm nost sure if a separate change of status application was filed.
Her start date as indicated on H1 apporval notice was Oct 1 2004.
if you did not see I94 comming with H1 approval notice, COS was not filed and she needs to go out and come back with H1 stamp to be on H1.
She was no longer H4 on Oct 1 2004 if COS had been approved. It may be pardoned due to SSN issue, though(I'm not sure). You had better tallk to lawyer since out of status exceeded 180days.The consultant had told me that since she was on H4, this wasn't illegal, and that he would be providing a letter explaining that the absence was because she did not have an SSN. (You can't be on payroll without SSN)
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