Tricky H1 /H4 situation

S

shibujoys

Registered Users (C)
I am on h4 visa. I got an offer from a company in 2003 and they sponsored my H1b and got it approved in October 2003. I didnot start working with them nor did i get the visa stamped.

Now the problem is i have visited India in Dec 2003 and also in May 2004 for different reasons. I am still on h4. I re-entered United States on h4. The question is .. Is the approved h1b visa still valid and can i get my passport stamped with this h1b visa that was approved in October 2003.

Thanks
 
Your present status is H4. If you want to work, you will need a new H1 approval since your last entry into US was on H4. Visa stamp is only for travel.
 
when ur h1 got approved , and if u got new I-94 then ur status was changed to h1 . That means next time u travel u need to get h1 visa stamp. But u did and came back on h4. so new I-94 that u got was based on H4 status. This means that u need to re-apply for h1 with ur current I-94.
 
you need to reaply Change of status from H4 to H1 if you want to work and you will be able to work ONLY after COS is approved and approval notice has newI-94 attached
 
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