Question: H4 to H1, no job

krish123

New Member
My wife came to US on H4(valid up to 2003). After that she got H1 visa from company A (6 months back) and took a social security number.She hasn\'t get a job till now. Now i applied for I140 . Iam planning to go to india for consular processing.Can my wife use H4 Visa when we go to consular processing.What status is she on now.Please help me on this.
 
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I saw a post of someone saying his lawyer said your wife is still H4 since H4 is valid. You may want to ask your lawyer.
 
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your best bet would be to covert her back to h4... usually no questions asked during conversion and no questions asked at all during CP also...

as a matter of fact they just asked for my h1 extension and did not even ask for my wife\'s h1 to h4 conversion.
 
H4 to H1

My wife was in a similar situation. Had H4 visa approval, got H1 approval from Company A. was laid off after 2 months of H1 approval. She travelled out of U.S., got an H4 visa (since visa on her passport had expired) using my H1B visa and re-entered US. We did this after consulting my immigration attorney.
If your wife has a valid H4 visa on her passport, she can travel out of U.S. and re-enter using the H4 visa. She will get a new I-94 card and that will reflect her present status in the U.S.
This is what we did. It is best to consult your lawyer before you take any action.
 
H4 - Got EAD card.

I got mine and wife EAD card. She has a social security card which states that "NOT calid for work" as she was on H-4 (In illinois you can get a social security card). Now if she wants to work, does she have to change her social card to state that she can work or is EAD good enough.
 
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