Is my H4 valid? Help me!!

S

sakthima

New Member
i) I got a H1 in Nov 2002 but didn't use it. I didn't get stampped in my passport also.

ii)Early I was in H4 and it is valid up to Dec 2003.

What is my status now:

1) Which of my H1 or H4 is valid now?

2) If not what should i do to put me back in status?

Please help me out to overcome this situation. I would really appreciate all your help.

Thanks & Regards
 
i) I got a H1 in Nov 2002 but didn't use it. I didn't get stampped in my passport also.

ii)Early I was in H4 and it is valid up to Dec 2003.

What is my status now:

1) Which of my H1 or H4 is valid now?

2) If not what should i do to put me back in status?

Please help me out to overcome this situation. I would really appreciate all your help.

Thanks & Regards


Your points are not clear. You got H1 but did not use it? Meaning you did not begin employment under H1? If that is correct, then you automatically lose your H1 status. When you changed from H4 to H1, your H4 status automatically expired. Since now you are not in a valid H1 status, BCIS will consider you out of status.

If your spouse is on H1, you should immediately apply for H4 status. If you are out of status for more than 180 days you will be subject to a 3 year bar from entering US again.

Provide a timeline of your stay in US. When did you first arrive in US? what was your status then? What did you change status to?
 
Thanks for your advice and reply....

Provide a timeline of your stay in US. When did you first arrive in US? what was your status then? What did you change status to?

I did arrive US in June 2001 as a H4 and it is valid up to Dec 2003 in passport...
Got the H1 in Nov 2002. but i didn't join the comp and i came to know about my H1 in Jan ..
My Husband is in H1 and valid up to Dec 2003 and he is going for renewal soon..

1)Can i switch to H4 now?
2)Can i go out of country and get new I-94?
3)Can i go to india and apply for new H4?
4)Can i switch for any other visa like F1?
5)My Employer is ready to give a job now and ready to give the pay check from May 2003 ( that is with in 180 days ) . Can i get the pay check and start work at this point.

At this situation what are all my option.. ? I am simply lost now.. Please help me to come out from this...

Thanks in advance
 
Originally posted by sakthima
Thanks for your advice and reply....

Provide a timeline of your stay in US. When did you first arrive in US? what was your status then? What did you change status to?

I did arrive US in June 2001 as a H4 and it is valid up to Dec 2003 in passport...
Got the H1 in Nov 2002. but i didn't join the comp and i came to know about my H1 in Jan ..
My Husband is in H1 and valid up to Dec 2003 and he is going for renewal soon..

1)Can i switch to H4 now?
2)Can i go out of country and get new I-94?
3)Can i go to india and apply for new H4?
4)Can i switch for any other visa like F1?
5)My Employer is ready to give a job now and ready to give the pay check from May 2003 ( that is with in 180 days ) . Can i get the pay check and start work at this point.

At this situation what are all my option.. ? I am simply lost now.. Please help me to come out from this...

Thanks in advance
Click to expand...

You will first have to make up your mind what status you want to be in, H4, H1 or F1. Then see a good immigration attorney right away. You are currently out of status and are already beyond 180 days. Once you leave US, you will be barred for 3 years from entering US.
 
I did arrive US in June 2001 as a H4 and it is valid up to Dec 2003 in passport...
-- It means you had got I-94 with H4 status when you entered US based on H4 Visa in your PP and I-94 was valid till December 2003.
Got the H1 in Nov 2002. But I didn't join the comp and I came to know about my H1 in Jan ..
----When you filed for H1 from H4 status it was Change of status to H1B and I hope you did not get any new I-94 attached with your H1 approval notice if that was the case you were out of status and staying Illegally in US from November 2002 when you got H1. If you crossed 180 days from the date of your I-94 expiry then 3 years bar.
If you had got extended I-94 with H1 approval notice and I-94 still not expired then you were out of status but your stay was not illegal.
Meet good Competent Immigration lawyer ASAP
 
HI All,

I think unless you join your new company your status does not changes.

Here is waht happened to me:

I was on F1, Company A applied for H1 (Sometime in Feb 2001). They never gave any offer letter. H1 was approved (April 2001) but I never joined and got any salary. Continued with my studies.

Company B applied for new H1 (In May 2001), got approved (Aug 2001). I 94 valid till Mid of next year.

Please post your views on this.

Thanks
 
Originally posted by vic1000
HI All,

I think unless you join your new company your status does not changes.

Here is waht happened to me:

I was on F1, Company A applied for H1 (Sometime in Feb 2001). They never gave any offer letter. H1 was approved (April 2001) but I never joined and got any salary. Continued with my studies.

Company B applied for new H1 (In May 2001), got approved (Aug 2001). I 94 valid till Mid of next year.

Please post your views on this.

Thanks
Click to expand...

Your status changes the day the COS petition is approved. You cannot be in more than 1 non-immigrant status at a given time.
In your case it might be an oversight on part of the INS officer who approved your petition. He must be unaware of the other approved h1 petition that you did not use.
 
In my case what will happen if I apply for an H1 transfer?

How will it affect my green card process?

Thanks.
 
Ok sakthima, just go to canada or some other place and get a new I94. If the POE inspector asks about H1, just say yes there was a change of status application, but you did not take up the job.

For change of status, the applicant does have the option not to exercise the approval. But you should get the I94 problem corrected. An attorney's opinion will also be benefitial...

vic100 you are golden...
 
Thanks far your valuable advice....

I should definitely think about going out of country and come back..
I heared that now Canada and Maxico is not giving the new I 94 if we go from US? So what is the nearest alternative for me?

Is it risky to go out of the country to get a new I-94?

My H1 came with new I-94, which is valid up to Aprl'2004.
And my husband is above to extend his visa soon, since his H1-B ( my H4 too ) expriring in 6 months..

*Is there is any way it will help me to get my status and get a new I-94?


My husband's LC approved and ready to file 140/485.
* Can i file 140/485 with him now with out me in status?

* If not how can i bring me in status and file the 140/485.

* I heard there is some adjustment of status, can you consider that option?

Please advice me what should i do now, we have been talking to lawyer, but he is taking time to proceed further..



Thanks in advance...
 
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My H1 came with new I-94, which is valid up to Aprl'2004.
---- Your stay was not ILLEGAL but you are out of status
* According to you can I stay legally but not in status?
--- you can stay till the time you have valid I-94, but your out of status issue may crate problems for you in future, try to fix it with help from lawyer
And my husband is above to extend his visa soon, since his H1-B ( my H4 too ) expiring in 6 months..
-- you were granted H1 status, you got I-94 with your H1 approval notice you are not on H4 status,
*Is there is any way it will help me to get my status?

-- I don’t think BCIS will change your status from H1 to H4 again as you were out of status, you may go out of US and get H4 passport Visa stamp based on your husbands H1b and re-enter with H4 stamp with new I-94 with H4 status

My husband's LC approved and ready to file 140/485.
* Can I file 140/485 with him now with out me in status?
-- you can not file I-140(you are not working) you can file I-485
* If not how can I bring me in status and file the 140/485.
--- Ask the good lawyer
* is there is any way I can file for adjustment of status?
I hope you can file I-485 as spouse with your husband I-485 ( may be you can use 245(i) lawyer will let you know your options
You need a good lawyer and explain your situation
 
There is certainly an element of risk.
Although there is a temptation to fix the problem by filing I485- what is your current status?
Similarly applying for H4 along with your husband- what is your current status?

Travelling to canada, you should get the new I94. There is no problem there (possible confusion with 30 day no hassles reentry being denied to people who did not get the visa stamp in their passport when they went to canada).

So the only solution is to get a new I94 based on the h4 visa in your passport and then do H4 extension and file I485... 245(i) has not been extended beyond 2001 I think. So you wont be eligible for 245(i) (pardons past out of status periods)

As ginnu suggested consult a lawyer...

Please come back and post your experience. ...
 
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