Urgent: What if H4 not extended and got H1 and need to visit India

chetwani

Registered Users (C)
Urgent: What if H4 not extended and got H1 and need to Visit India Hi,

I came here on H4, but got my H1 in Oct 2004. I did not extend my H4 (which expired in Nov 2004) neither did I withdrew my H4.
Now: I want to visit India and I don't have any paystubs as have not got a project yet.

1) So should I go for H1 stamping on passport? (Remember I don't have any paystubs)

Or
2) Is it safer to apply for H4 extension and what is the procedure? or is it that I don't need to do that 'cos my husband's has a new I 797 now and he will go for his stamping.

Thanks a lot!
chetwani.
 
I think it will be very hard to get H-1 stamping without paystubs. You need to explain to them why you did not get paid. Telling I did not get a project is not an option.

Getting H-4 stamping might be better option since you said your husband has new I-797. Anyway talk to an immigration attorney.

chetwani said:
Urgent: What if H4 not extended and got H1 and need to Visit India Hi,

I came here on H4, but got my H1 in Oct 2004. I did not extend my H4 (which expired in Nov 2004) neither did I withdrew my H4.
Now: I want to visit India and I don't have any paystubs as have not got a project yet.

1) So should I go for H1 stamping on passport? (Remember I don't have any paystubs)

Or
2) Is it safer to apply for H4 extension and what is the procedure? or is it that I don't need to do that 'cos my husband's has a new I 797 now and he will go for his stamping.

Thanks a lot!
chetwani.
 
If your current status is H1, you will be admitted into US on H1 (that is allowed to work) only if you have an H1 visa in your passport. If you show your H4 visa at the immigration, you will no longer be allowed to work.
 
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