Jim, Marta, anyone ur help will be greatly appreciated.

[sw28]

My husband is going to file for I485 and I will be included as the dependent.
I came to US on H4 visa and started working on H1 visa. But shortly after that I was laid off and couldnot find another employer.The companys immigration lawyer said that I was NOT out of status as my H4 was still valid. Then after 6 months I went to India and came back on a new H4 (Actually the American counslate in India also said that I DIDNOT need a new H4 and can go back on my previous H4 as it had not expired).
Now while filling up the biographic form my old concerns regarding the situation has come back.
Please tell me that I was not out of status !!

 

[GCardWaiter]

No Title

In my knowledge your status is valid if your I-94 is not expired.
you entered US on H4 Visa.when you started working for the company on their H1 visa, your status becomes temporary worker(h1). If you get the H1 Visa from that company you will see your new I94 at the bottom. Now if your company has cancelled this H1 Visa, then you may have been out of status untill you got your new H4.But again as your I 94 never expired you are safe. just make sure you have the new stamping in passport befor applying i 485. My opinion. May be wrong.

Hope this helps.

 

[jaxen]

No Title

Can you maintain that you were on H1 until a few days of departure to your home country to go back to H4? And can you thus maintain status without raising any flags? Paystubs might not be necessary to prove H1 status.