Revoking H1 status from H4

[kanchi_surekha]

Hello,
While having my H4 I had got my H1 Visa. I had to go back to India due to some emergency.And returned back to US without getting my H1 visa stamped.wht is the status of my visa?can i work on my H1?wht should i do to get my H1 Revoked? can I transfer my I94 to my previous one through a lawyer? please help.

 

[ginnu]

Hello,
While having my H4 I had got my H1 Visa.
--- I think you got H4 to H1 transfer approval from USCIS and it is not VISA(Visa is Stamp in passportfrom US consulate or US embassy)
I had to go back to India due to some emergency.And returned back to US without getting my H1 visa stamped.wht is the status of my visa?
---- did you enter showing your H4 visa stamp? if yes then you are on H4 status and your I-94 is based on H4 status
can i work on my H1?
---- if your last entry to US was on H4 then you are on H4 and you cannot work
wht should i do to get my H1 Revoked? can I transfer my I94 to my previous one through a lawyer?
--I could not understand the above, talk to your lawyer or others may help you
please help.

 

[HBK]

Your status will be H4 only. You have to get H-1B Stamped, then only you can able to work on H1.

You can try for stamping at the Canada/Mexico border posts. But there are some risks involved. This is called "Third Country Visa at the border".

You can get the information about TCN in the below link
http://www.visapro.com/Immigration-Articles/?a=174&z=31

 

[ginnu]

Your status will be H4 only. You have to get H-1B Stamped AND reenter US and at POE get I-94 based on H1 status, then only you can able to work on H1.

You can try for stamping at the Canada/Mexico border posts. But there are some risks involved. If Visa gets rejected in Canada/Mexici then you cannot enter US from Canada/Mexico you have to go directly to your home country for Visa stamping This is called "Third Country Visa at the border".

You can get the information about TCN in the below link
http://www.visapro.com/Immigration-Articles/?a=174&z=31