jaxen and guru's,pls hlp,h4 expired

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confusedesi

Registered Users (C)
hi jaxen and immi guru's,

my h4 and i94 has expired about 11 months back. latest status is h1. h1's i94 (valid until next yr) but with no job. suggest me a best way to go back to h4 status.

pls help me a way out
 
Is H1 of your spouse still valid? Then the best way is to go out to canada or mexico and try for a new H4 stamp based on the old one. There is still a risk of stamp denial.

Other alternative is to file H1 to h4 without paystubs. INS might give you H4 status and ask you to get a new I94 (by visiting the nearest POE). There is still a risk of rejection by INS.
 
thanks alot jaxen, whoever and wherever you are, atleast there is someone to hear our agony in this mad world.

My husband is in h1 status althrough his stay, but right now he has joined a new company and is in the h1 transfer stage, most likely his H1 approval will get thru by 1st week of nov. He is working with that company and on their payroll already.

I think it is too risky to leave the borders and try to deal it from here only. If there is anything u can suggest off the board, my email id is ur1966@hotmail.com. i dont know if there is any other way if i can contact u.


thanks again jaxen
 
You should apply for h4 extension along with your hubby's transfer, ASAP. That is the only way.
 
I think it goes by the i94# and my latest status wud show a h1, and definetly they will ask me how i maintained my status. dont u think so ? if i file for a 539 now, there will be a rfe, that it has been too late now for a change of status..

thanks in advance jaxen
 
Well if you get a rfe, your chances are slim but still you can send back saying you did not get paid for no fault of yours...
If h4 is rejected you leave US. There is an off chance that INS will ignore your indiscretion and will grant you H4 status. That is the only way out instead of remaining in out of status limbo forver (unless your hubby's GC is in process)
 
jaxen, help pls

hi jaxen,

one of my friend, has got a h1 approval of change of status from h4 to h1, which they have filed quite some time back. But they realised it now that it has no i94# mentioned on the approval notice. Is that approval valid or no ?
 
Status is valid

But your friend might have to go out of US and get a I94 before starting to work. Ask your friend to consult a lawyer..
 
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