Jim and others..Please help

G

gctry

Registered Users (C)
Hi All ,

I am on H4 status and my visa stampimg is expiring next month. I am trying to send the passport for revalidation to st.louis, Meanwhile ,yesterday I got my H1 approved ....Please let me know what is my status now.
If I ignore my H1 approval for sometime and get my visa stamped with the H4 status, will there be any problems ?
I plan to work on the H1 after couple of months(atleast 4 months ).

Can I send my passport for revalidation(with my H4 status) and work for my company on my new H1 later?

Thanks for all your help.
 
well the situation is tricky to answer

If you keep the point of revalidation aside. You are on H1 status ( I guess H4 approval notice is approved earlier than H1). So Legally your current status is H1 now.

Sending your passport for revalidation with H4 is something you should definetly confirm with attorney, because I am not sure when your passport stamped with H4 with the latest date . Does this means Are you voiding the H1?. Can you really do it this way?.
Above are my thoughts I am sorry if I confused you. Please confirm with attorney , because if you act wrong it may cause trouble in future
 
Thanks gcneed...I have an other question....

An other employer is applying for my H4 , Do you think my status will again change to H4 or Can I ignore the H4 and be on H1 ?

Please let me know.
 
I guess

I guess If other employer is applying for H4 from H1 ( this is COS). when your H4 application approves your status will be H4 , I guess legally you cannot ignore the H4 approval and continue on H1. The reason you are applying H4 is to change the status from H1 , so how can you ignore it and continue on H1(even though the new H4 is from another employer).

I may be also completely wrong in your situation. When a person is on H1 and if he gets a offer from another company B and company B applies for H1 transfer and it got approved, the person not necessarily need to join the company B ,he can ignore Company B H1 and continue to work in previous company. Consider this scenario you may also be fine OR because your\'s is CHANGE OF STATUS so it may be wrong.

I am sorry if I got confused you, I just want to add my thoughts on this . Please confirm with Attorney .
 
Why are you wanting to revalidate now anyway?

Even if your visa stamp expires, you are in status as long as your I94 is current. You need the visa stamp only for re-entry. If you revalidate your visa now, you will have to get a new H1 stamp in your passport anyway when you are planning on travelling out of the country (assuming that you are on H1 at that time).

Just my opinion.
 
Trying to visit India...

I am trying to visit india in next couple of months and therefore want to get the visa stamped here itself (with the H4).

Thanks for the help.
 
I agree

I agree with what you said.....thanks for your comments/advise...I will consult an attorney.
 
Revalidation itself is taking about 2-3 months right now...

So, if you are planning on visiting India in the next couple of months, then you may not have enough time to get it revalidated.
 
my 2 cents

If you want the visa stamp for travel purpose...When you enter in H4 status you lose the H1 status. So you can no longer use the H1. So what use is it to you. The other option is get the stamp for H1 in the country you visit and enter in H1, that way you will be in H1 and can take up a job a couple of months later.
 
What if they refuse to give visa on H1

I thought if my visa is rejected with the H1 then I can atleast come back with the H4 stamp in my passport.
I think this way because I have no pay stubs and therefore no guarantee of visa stamping.
Thanks for your comments and advise on this...Please enlighten me with some more ideas.
 
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