Very Urgent - Status H4 or H1B? - Attn CIBA

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pachai

Registered Users (C)
Hi All,

I have a very urgent question.

One of my friend\'s wife is on H4 status right now.
She has a job offer and since applied for her H1 with company \'x\' and been waiting for her H1 documents.

What will happen to her H4 once her H1 is approved with company \'x\'.

Will her H4 be cancelled automatically upon her H1 approval OR is it possible for her to continue with her H4 status if she decides or change her mind NOT to accept her job offer?.

What will happen if she goes out of USA and comes back to US?. Will the immigration officer at the port of entry validate her H4?.

I would really appreciate if any one of you could answer my request.

Thanks in advance

Pachai
 
No Title

I think she will stay on H4 status until she gets H1B stamped ( remember since her case is of "chang eof status" from H4 to H1, she will need to go out of US to get her H1 stamped and change her status from H4 to H1B ) but in case she goes out of US and does not get H1 stamped, and she comes back to US with H4 visa stamp, her status will still remain as H4.

Ur friend might want to confirm all of this with his lawyer.

cheers
 
No Title

Even if she works on H1 but still can use H4 visa to enter into US. At the port of entry he will not know that she is on H1.

The is not legal. Who cares as long it works. I know a example who did twice without problem

Hope this helps.
 
Her status is H4 until she starts working

She is on H4 status until she reports to work based on the approved H1 petition. If she doe not report to work, then she remains on H4 status.
After changing to H1 if she enters the country again using H4 visa then her H1 approval notice becomes invalid.

Hope this helps :)
 
60days from transfer

strict interpretation is: after H1 approval (for transfer
cases) the employer should start paying within 60days
from the date of transfer. So probably it means that
you should start with the employer in 60 days

However know a friend who did not join after
the transfer (i.e. stayed in h-4 only) and
got the gc with no problems
 
No Title

Applying for new H1 usually contains two parts: (1) H1
petition itself; (2) change of status, which in your
friend\'s case is from H4 to H1. Thus, she should get
a new I-94 attached to H1 approval notice. If I-94
is obtained this way, her change of status is approved.
She does not need to travel out to get H1 visa if
there is no immediate travel plan.

ciba
 
No Title

Every H1 approval notice contains a I-94, which actually determines the status. Passport stamp is just to let you enter the US. If you are already in the US, I-94 is the one which determines your status(either the one you got at the port of entry or the one you got with the H1 approval notice).

The question is for the people who are doing the H4 to H1 transfer, when does the status is actually changed. Is it the date the H1 is approved? or Is it the date he/she starts the employment?

I think it is from the date H1 is approved. If she did not start the job immediately(and no pay-stubs) means; she may have problems in future. If she can not start the employment immediately(in reasonalble time) for valid reasons like (for health reasons etc), she can defend herself. Also company which applied for H1 should inform INS if the person is not not joining in reasonable time.

Disclaimer: Not an attorney. Use this info at your own risk.
 
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