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- Thread starter Taurean
- Start date
Dont U know the I94 with the new approval is the latest? U can enter using the old unexpired visa and new 797 approval notice.
Raj says U need an unexpired visa and my stand is that expired visa (with a valid approval in hand) is ok to enter US.
Of course I recommend getting the new visa stamp.
I'm sorry If I jumped in between a good conversation and gave non sequiters...
Raj says U need an unexpired visa and my stand is that expired visa (with a valid approval in hand) is ok to enter US.
Of course I recommend getting the new visa stamp.
I'm sorry If I jumped in between a good conversation and gave non sequiters...
Taureen: Your posting seems to be a continuation of an earlier posting. In future, better to post in the same thread, as that is easy to manage.
From your earlier posting: You changed from H4 to H1B in march 2001, and have been on bench since July 2001.
Being on the bench for more than a year seems troubling. As Jaxen stated, the latest approval notice stands. Your status is H1B (or most likely out of status) . Your H4 is irrelevant. Since your H1B I-94 has not expired (and if your employer has not canceled your H1), your would have been "out of status" but not "unlawfully present", and you could argue that the 3/10 year bar is not applicable. Not legal advice. This situation is best dealt with a good attorney.
From your earlier posting: You changed from H4 to H1B in march 2001, and have been on bench since July 2001.
Being on the bench for more than a year seems troubling. As Jaxen stated, the latest approval notice stands. Your status is H1B (or most likely out of status) . Your H4 is irrelevant. Since your H1B I-94 has not expired (and if your employer has not canceled your H1), your would have been "out of status" but not "unlawfully present", and you could argue that the 3/10 year bar is not applicable. Not legal advice. This situation is best dealt with a good attorney.
Att: Jaxen
Hey Jaxen,
this is not about leaving the Country. As I understand from Raj's message, my wife's now on H1 (on bench for over an year) with a valid I-94. I'm sure there's some requirements to file from H1 to H4. Wanted to get your and Raj's advice on the same
thanks!!
Hey Jaxen,
this is not about leaving the Country. As I understand from Raj's message, my wife's now on H1 (on bench for over an year) with a valid I-94. I'm sure there's some requirements to file from H1 to H4. Wanted to get your and Raj's advice on the same
thanks!!
Recent pay subs from the H1 employer would be needed for H1 to H4 transfer. Also see instructions for form I-539 on www.ins.gov.