Question on H4 to H1 transfer - Urgent

[vidyakalyan]

Hi,

This question is for my friend (he is not able to get into this forum now).

His wife came here in H4. She has now got H1. He has the following questions.

1. Does the transfer from H4 to H1 happen automatically or do we need to go to local INS for the transfer?
2. If the status is changed to H1, should his wife work all the time (needs to be in payroll?)
3. Is there any criteria like if a person is on H1 and not working, the status automatically becomes "Out of Status" after XXX days. Is it true and what is the XXX days if this is true?
4. Can his wife change back to H4 whenever she is not working? Is it changable frequently?

Can anyone answer these questions? I appreciate your help.

Thanks,
Vidyakalyan

 

[great guru]

Hi,

This question is for my friend (he is not able to get into this forum now).

His wife came here in H4. She has now got H1. He has the following questions.

1. Does the transfer from H4 to H1 happen automatically or do we need to go to local INS for the transfer? If you want to go out of USA and come back you need to go to consulate of your home country and get visa stamped. If you have I 94 come at bottom portion of your H1B approval notice you can start working with your sponsered employer.2. If the status is changed to H1, should his wife work all the time (needs to be in payroll?) Yes
3. Is there any criteria like if a person is on H1 and not working, the status automatically becomes "Out of Status" after XXX days. Is it true and what is the XXX days if this is true? Maximum one or two pay period.4. Can his wife change back to H4 whenever she is not working? Is it changable frequently? Yes to H4
Can anyone answer these questions? I appreciate your help.

Thanks,
Vidyakalyan

 

[ravi kat]

Want to clarify something here. You can change to H4 from H1 by going out of the country and coming back in on H4 . To get back into H1 you will have to get abother COS to H1.

 

[great guru]

Want to clarify something here. You can change to H4 from H1 by going out of the country and coming back in on H4 . To get back into H1 you will have to get abother COS to H1.

Just going out and coming in will not change the status from H1 to H4, you have to go to embassy apply for change of status from H1 to H4 and get visa stamped.

 

[ravi kat]

Just going out and coming in will not change the status from H1 to H4, you have to go to embassy apply for change of status from H1 to H4 and get visa stamped.

This is not true. Please search UCIS memo's re. this. Also search murthy chat logs : Link :http://www.murthy.com/chatdb.php?row=1&sFor=H4&Cat=h1b
The first question in this page. There are several Q's in this re.
Note the last couple of statments in the answer to this Q:

"Question : What is the process of changing status back to H4 from H1 and how long does it usually take?
Answer : Depending on which INS Service Center the Change of Status is filed, it could be anywhere from about 3 months to 10 months! File the forms with all supporting documents as mentioned on the form. Follow the instructions carefully, showing evidence of the spouse"s maintaining valid H1B status. In many cases, may be preferable to regain the H4 status by traveling out rather than through filing change of status with INS. In some situations there may be some risk, so consult an attorney.
Date : 2001-07-16"

In any case one must do all the research and if not sure must consult a lawyer.

 

[great guru]

This is not true. Please search UCIS memo's re. this. Also search murthy chat logs : Link :http://www.murthy.com/chatdb.php?row=1&sFor=H4&Cat=h1b
The first question in this page. There are several Q's in this re.
Note the last couple of statments in the answer to this Q:

"Question : What is the process of changing status back to H4 from H1 and how long does it usually take?
Answer : Depending on which INS Service Center the Change of Status is filed, it could be anywhere from about 3 months to 10 months! File the forms with all supporting documents as mentioned on the form. Follow the instructions carefully, showing evidence of the spouse"s maintaining valid H1B status. In many cases, may be preferable to regain the H4 status by traveling out rather than through filing change of status with INS. In some situations there may be some risk, so consult an attorney. "What it means," you have to get it changed to H4. Airline will not do the job. Date : 2001-07-16"

In any case one must do all the research and if not sure must consult a lawyer.

 

[ravi kat]

Dude, Who's talking about airlines ? A visa simply gives you the permission to enter in that particular status. A visa is issued by a DOS usually through the consulate. Its valid until the term mention therein and is valid until cancelled - Please check the various articles in this regard at murthy.com, visalaw.com etc. To stay in the country you need a I94 - without a valid I94 you cannot stay in the country regardless of whether you have a visa or not. so you now when you enter US you need a visa that authorizes you to enter and a I94 that authorizes you to stay in the country . When a person applies for authorization to work by filing a I129 - he /she is requesting a COS to H1. Once its approved and if a valid I94 is attached the person is in H1. TO change back to H4 one can go out of the country an come back in . At POE if the person shows her/his H4 visa the POE officer will issue a new I94 and will note the status as H4. I know this works because my friends wife has done it at Windsor / Detroit POE while we were driving back from Canada. The risk is if the person has accrued any amount of illegal stay in US the POE can refuse entry.