Question H4 TO H1 transfer

[Manmadh]

On September 10th 2004, We have applied for H4 to H1 transfer for an employee by using his H-4 extension receipt, all the previous approvals of H4 and the spouse's H1 exension reciept and ALL spouse's H1 aprroval notices.

We got the approval for the H1 on October 1, 2004 till 2007 as we applied through premium processing. The H1 approval notice has - Received date: September 13, 2004 and notice date: September 16, 2004.

Employee had appllied for H4 extension on August 8, 2004 i.e before we applied for the H4 to H1 transfer. Now Employee also got the H-4 extension approval on November 29, 2004. The H4 extension approval notice has -
Received date: August 13, 2004 and notice date: August 16, 2004.

In this case, our employee is in H1 status or H4 status? Please let me know.

If you have any questions on the above info, please let me know.

Thank you!

 

[hkond]

I remember reading some where that whichever visa approved latest, that's what the current status is. My friend was in same situation and recently myself. Way around is - Your attorney (who ever applied for H4 ext) has to send request letter to USCIS to withdraw the H4 visa. You can actually call National Customer Service Center (800) 375-5283. They'll explain you what to do but they will not tell what the current visa status.
Here is the sample letter, if you need -

October xxth, 2004

USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

Dear Officer:

Re: H-4 visa recipient's name
Case: EAC-XX-XXX-XXXXX
Valid: Application approved

This is a request to withdraw the above captioned H-4 visa petition.
Mr/Ms. xxxxxx xxxxxxxxx was able to obtain H-1B visa.


In addition, you can ask attorney to attach copy of H1-B alogn with this letter.

Hope that helps!

On September 10th 2004, We have applied for H4 to H1 transfer for an employee by using his H-4 extension receipt, all the previous approvals of H4 and the spouse's H1 exension reciept and ALL spouse's H1 aprroval notices.

We got the approval for the H1 on October 1, 2004 till 2007 as we applied through premium processing. The H1 approval notice has - Received date: September 13, 2004 and notice date: September 16, 2004.

Employee had appllied for H4 extension on August 8, 2004 i.e before we applied for the H4 to H1 transfer. Now Employee also got the H-4 extension approval on November 29, 2004. The H4 extension approval notice has -
Received date: August 13, 2004 and notice date: August 16, 2004.

In this case, our employee is in H1 status or H4 status? Please let me know.

If you have any questions on the above info, please let me know.

Thank you!

 

[Manmadh]

Thank you for the answer.

 

[chetwani]

Urgent: What if H4 not extended and got H1

Hi,

I came here on H4, but got my H1 in Oct 2004. I did not extend my H4 (which expired in Nov 2004) neither did I withdrew my H4.
Now: I want to visit India and I don't have any paystubs as have not got a project yet.

1) So should I go for H1 stamping on passport? (Remember I don't have any paystubs)

Or
2) Is it safer to apply for H4 extension and what is the procedure? or is it that I don't need to do that 'cos my husband's has a new I 797 now and he will go for his stamping.

Thanks a lot!
chetwani.

 

[hkond]

I am not sure about this situation. Anyone??

Hi,

I came here on H4, but got my H1 in Oct 2004. I did not extend my H4 (which expired in Nov 2004) neither did I withdrew my H4.
Now: I want to visit India and I don't have any paystubs as have not got a project yet.

1) So should I go for H1 stamping on passport? (Remember I don't have any paystubs)

Or
2) Is it safer to apply for H4 extension and what is the procedure? or is it that I don't need to do that 'cos my husband's has a new I 797 now and he will go for his stamping.

Thanks a lot!
chetwani.