On status H4 and H1B was approved as a New Application with no I-94

B

BuzzVasu

New Member
Hi,
I am on currently on h4 Visa in US applied for a change of status to H1B.

INS has denied the change of request petition(since I was away from country during the status change was pending).

INS has APPROVED the Application as a new H1B application with no I-94. Now for me to start working I need to go out of country and re-enter USA on H1B.

1) My question is Will me current continuation of stay in USA till I have H1B stamped is still legal??
2) I my current stay is still legal, Can I apply of H4 extension, since my H4 is expirting in next 2 months. Will we have any issues in applying for H4.

Please suggest.

Thanks,
Vasu
 
BuzzVasu said:
Hi,
I am on currently on h4 Visa in US applied for a change of status to H1B.

INS has denied the change of request petition(since I was away from country during the status change was pending).

INS has APPROVED the Application as a new H1B application with no I-94. Now for me to start working I need to go out of country and re-enter USA on H1B.

1) My question is Will me current continuation of stay in USA till I have H1B stamped is still legal??
--------- you are on H4 status tillI-94 validitybecase USCIS has not approved it as change of status fromH4 to H1
2) I my current stay is still legal, Can I apply of H4 extension, since my H4 is expirting in next 2 months.
----yes
Will we have any issues in applying for H4.
-no, extension must reach USCIS beforeI-94 expires
Please suggest.

Thanks,
Vasu
Click to expand...
 
Thanks Ginnu,
That means only when I want to start working, I need to get the H1B stamped from India and for all other purposes I will be continuing as usual as if I have not initiated any change of request process at all.

Do you think, if the H4 extension is applied after 1 month, then will the approved new H1B gets void all together??

thanks once agian.
vasu.
 
You must log in or register to reply here.
Top