Help Needed - Urgent

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LongLongAgo

Registered Users (C)
Sorry for posting in the wrong section... please bear.

Scenario:

I came to US on H4, got my h4 extended as it expired (did along with my spouse's h1b) , is valid until 05/20/2006. yet to be stamped...

Meanwhile filed for H1b, got the approval letter (it states that the petition and the change of status has been approved) and is valid until 09/2007

Problem:
Need to go to India and I have still not got a job and no paystub.

Question :
Can i go to india and come back using the H4 after stamping it, I dont mind the H1B status being gone, but will there be a problem in coming back as i have a h1b

Any thoughts/suggestion/experience would be appreciated.

Thanks again.
LongLongAgo...
 
As long as you have not worked on the H1 even once and did not receive any payment you are still on H4.

Please confirm with the any attorney to be on safe side.
 
I am not a lawyer but My experience tells me that the last I-94 received is your current document. As last one you got was on your H1B it should be your current doc. But I don’t think so they track things so closely , so I’m 100% positive you’ll be able to get thru stamping your H4 without any problem. But still you should consult a lawyer
 
last I-94 received cannot be your current document unless and untill you work on it. example: you are on your present H1B and suppose any one else file an H1B for you thats not going to be current for you till you work for him. That is you have not joined him.
 
One of my colleagues faced the same problem. His wife came on H4, then applied and got H1 but never worked on H1. Finally, they ran into some issues during the Green Card process. As far as I know, she was considered to be on H1 even though she never worked ever.
I'd suggest you should check up with a good lawyer.
 
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