Urgent-H4 and H1

P

punamsahu1

Registered Users (C)
Hi,
I am Punam. I have my H1B got approved over here in US. I have I-797 attached with it which is valid till 09/27/2010.
Now my H4 got expired on apr 25th 2008. I haven't yet started working on my H1, hence I don't have any pay stubs, basically I didn't use my H1 yet.
Now I am planning to go to India on a vacation. As h4 is alreday expired so I have to go on H1 but while coming back I have to stamp H1. It may get rejected as I don't have any paystubs.so Inorder to avoid that
1. Can I apply for my H4 extension?
2. If n't as its already expired, can I apply for fresh H4?
3.Will H4 filing create a problem to my H1 visa?(I haven't yet used my H1B).
4. I am n't applying for status conversion from H1 to H4, I am applying for my H4 extension or fresh H4. Will it create problem to H1?

Please answer , its urgent. Thank You in advance.
 
You are eligible for H-4 as long as your spouse maintains H-1 in the US. Did you changed your status to H-1 on September 2007?
 
No I didn't apply for any COS nor my employer. I just have my H1B approval paper and I-94 attached to it.I didnt take any action after that. Please reply .
 
So you have the I-797 approval notice (for H-1B) and that form contains a I-94. What was the start date mentioned? If that is September 2007, then you are automatically in the H-1B status from that date. At this moment it is better not to go for H-1B stamping. You can try for H-4, but be prepared to answer for what you did during H-1 ...
 
Thank You very much for your reply. but both I-797 and I-94 states Valid from Oct 2007 till sep 2010. So what do u suggest? My employer is saying untill unless I work on H1, its not valid, and I still go for H4. please provide solution.
 
Thank You for your response. I am currently in US, H4 stamping will be required only when I leave US and reenter US. My question was Can I even apply for H4 extension? because I wanna go to my home country on vacation and I don't wanna use H1 for that as It won't let me come back. So can I apply for H4 extension?
 
Thank You for your response. I am currently in US, H4 stamping will be required only when I leave US and reenter US. My question was Can I even apply for H4 extension? because I wanna go to my home country on vacation and I don't wanna use H1 for that as It won't let me come back. So can I apply for H4 extension?
 
Change of status ? I didn't get you. Do you mean my H1B will be converted to H4? and hence H1B will b of no use?
Can I n't apply for my existing H4 extension?
 
Hello Punam,
When you changed from the H-4 to H-1 you lost your H-4, thus in the eyes of the BCIS you are on H-1. Your Spouses company will applly for yout H-4 which will again be a change of status from H-1 to H-4 and yes you will loose the H-1.
 
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