Question regd my legal status

[vangapalli123]

Hi,

I have few questions regarding my legal status.

I first entered into USA in December 2007 on H4 visa then after I got approved I-797 with an attached I-94 in first week of August'08.
Then, I left to India in second week of August 2008 and came back to USA in last week of September 2008 on H4 visa.
As I had a valid H4 stamping, I did not go for H1B stamping in India.

Even though I can start working on H1B starting from October 1st 2008, due to some personal problems I did not work till now.

My questions are:

1) As I did not work till now, technically am I on H4 visa or H1B ?

2) If I am technically on H4 then, as my H4 visa is expiring on April 2009 and if I apply for my H4 extension then will I have my H1B status if my employer doesnot revoke my H1?

3)If I am technically on H1 then, as I don't have any paystubs since october, will that cause any problem if I apply for change of status from H1 to H4?

Can anyone kindly advice me on this....

Thanks

 

[ginnu]

Hi,

I have few questions regarding my legal status.

I first entered into USA in December 2007 on H4 visa then after I got approved I-797 with an attached I-94 in first week of August'08.
Then, I left to India in second week of August 2008 and came back to USA in last week of September 2008 on H4 visa.
As I had a valid H4 stamping, I did not go for H1B stamping in India.

Even though I can start working on H1B starting from October 1st 2008, due to some personal problems I did not work till now.

My questions are:

1) As I did not work till now, technically am I on H4 visa or H1B ?
----------------------If your LATEST entry to US was on H4 and your valid I-94 is based on H4 status then you are on H4 status.
2) If I am technically on H4 then, as my H4 visa is expiring on April 2009 and if I apply for my H4 extension then will I have my H1B status if my employer doesnot revoke my H1?
----------------------- If you file H4 extension BEFORE April 2009 or Before Expiry of H4 based your I-94 then you will be on H4 status.


Can anyone kindly advice me on this....

Thanks

-------

 

[kabkaba]

Hi,

I have few questions regarding my legal status.

I first entered into USA in December 2007 on H4 visa then after I got approved I-797 with an attached I-94 in first week of August'08.
Then, I left to India in second week of August 2008 and came back to USA in last week of September 2008 on H4 visa.
As I had a valid H4 stamping, I did not go for H1B stamping in India.

Even though I can start working on H1B starting from October 1st 2008, due to some personal problems I did not work till now.

You cannot start working if you are in H4 status.

My questions are:

1) As I did not work till now, technically am I on H4 visa or H1B ?
Check your latest I-94, that will proabably say H4 and so you are in H4 status.

2) If I am technically on H4 then, as my H4 visa is expiring on April 2009 and if I apply for my H4 extension then will I have my H1B status if my employer doesnot revoke my H1?
Your I-94 shows your status, visa is only good for entering. You will need to apply for change of status to start working. Extension of stay also, is required only if your I-94 date is expiring (not visa).


3)If I am technically on H1 then, as I don't have any paystubs since october, will that cause any problem if I apply for change of status from H1 to H4?

There is nothing technical about it. Travelling and re-entering on H4 saved you from being out of status.


Can anyone kindly advice me on this....

Thanks

Answers above.

 

[vangapalli123]

Thanks for your responses.

When I entered in USA in the last week of September’2008 at the Port of entry they gave me I-94 of H4 visa that is valid till April’ 2009. At the same time I also have approved I-797 with attached I-94 which I received in the first week of August 2008 that is valid starting from October 1st 2008, so which one should I consider as my latest I-94?

 

[ginnu]

Thanks for your responses.

When I entered in USA in the last week of September’2008 at the Port of entry they gave me I-94 of H4 visa that is valid till April’ 2009. At the same time I also have approved I-797 with attached I-94 which I received in the first week of August 2008 that is valid starting from October 1st 2008, so which one should I consider as my latest I-94?

I-94 of H4 visa that is valid till April’ 2009. You got that in September’2008 at the Port of entry and that is LATEST.

 

[vangapalli123]

Thanks a lot for your responses... but how different is my case compared to those who were on H4 initially and got an approved H1B with an attached I-94 (which is valid from October 1st 2008) but didn't go out of USA and started working directly from October/Nov'08.