Very Very Urgent!!! - Question on H4 - H1 visa application

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klakshmi

Registered Users (C)
I am staying in US on H4 multiple entry visa. I recently applied for H1B visa for employment. I travelled to India on H4 visa during H1B processing.

1. Will I get H1B visa with I-94?
2. Since I travelled out of country during H1 processing, is it true that I will get H1 approval without I-94?
3. In that case, do I have to go out of country for stamping?
4. If I come back to US before my H1 approval, will I get H1B visa with I-94?

Your response is appreciated.
Thanks
 
klakshmi said:
I am staying in US on H4 multiple entry visa. I recently applied for H1B visa for employment. I travelled to India on H4 visa during H1B processing.
------------ You don’t need H4 for travel to India you need H Visa to enter
1. Will I get H1B visa with I-94?
--------------------- If your H1 was filed as Change of status from H4 to H1b then the change of status is abandoned if you went out of US while the COS is pending. I dont know if you H1 was filed H4 to H1 COS or fresh H1
Read:
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

2. Since I travelled out of country during H1 processing, is it true that I will get H1 approval without I-94?
3. In that case, do I have to go out of country for stamping?
4. If I come back to US before my H1 approval, will I get H1B visa with I-94?

Your response is appreciated.
Thanks
Click to expand...
 
Last edited by a moderator:
klakshmi said:
I am staying in US on H4 multiple entry visa. I recently applied for H1B visa for employment. I travelled to India on H4 visa during H1B processing.

klakshmi said:
1. Will I get H1B visa with I-94?
Click to expand...
NO. You will get H1B WITHOUT I-94


klakshmi said:
2. Since I travelled out of country during H1 processing, is it true that I will get H1 approval without I-94?
Click to expand...
YES


klakshmi said:
3. In that case, do I have to go out of country for stamping?
Click to expand...
YES



klakshmi said:
4. If I come back to US before my H1 approval, will I get H1B visa with I-94?
Click to expand...
NO...[You can enter with the H4. If H1 approves, after you come back to US, still you will not get I-94 with the H1B Approval.


Your response is appreciated.
Thanks
Click to expand...
 
Last edited by a moderator:
Urgent!! change of status from H4 to H1

Thank you very much for your reply.
It is a change of status from H4 to H1. So by your reply I understand, I will get H1 approval without I-94.
1. Is there any option/alternative to get H1 approval with I-94?
2. Will I go out of status once I get H1 approval? If yes, what is the risk of going for stamping to canada or mexico in this situation? How quickly should I get stamping done?
pls. let me know of any suggestions.

Thankyou
 
klakshmi said:
Thank you very much for your reply.
It is a change of status from H4 to H1. So by your reply I understand, I will get H1 approval without I-94.

-----------------If your H1 was filed as Change of status from H4 to H1b then the change of status is abandoned if you went out of US while the COS is pending. I dont know if you H1 was filed H4 to H1 COS or fresh H1
Read:
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

1. Is there any option/alternative to get H1 approval with I-94?
------------------- if you have not departed US after filing H4 to H1 COS you may get H1 approval with I-94
2. Will I go out of status once I get H1 approval?
-------------- I did not understand your situation.
If yes, what is the risk of going for stamping to canada or mexico in this situation? How quickly should I get stamping done?
pls. let me know of any suggestions.
provide the info:
H4 visa or I-94 was/is valid till..........
h4 to h1 cos was filed on date.......
left US on .....
came back to US on visa... on date.... get I-94 tilll... based on ...visa

****you could have asked your lawyer before deparing US if COS was pending
Thankyou
Click to expand...
 
Urgent!! change of status from H4 to H1

Thanks a lot for your reply. Here is the information you wanted, pls. let me know.

As you have mentioned, I have filed for H1 as Change of status from H4 to H1b.

My H4 visa or I-94 is valid until Sept 2007.
H4 to H1 COS was filed on date May 5th, 2005
I left US on May 8th, 2005
I will re-enter US based on H4 visa on Jun 18th, 2005 and should be issued new I-94 till Sept 2007 (assumingly) based on H4 visa on re-entering US.

But I have travelled out of U.S when my COS (from H4 to H1) is pending.

I understand in this situation I might get only H1 approval without I-94.
My question is, if I get H1 approval without I-94, say by July 1st, (that is after I have re-entered US on H4 visa)
1. Will I go out of status once I get H1 approval?
If yes, what is the risk of going for stamping to canada or mexico in this situation? How quickly should I get stamping done?(that is before which date)

Your response is appreciated.
Thanks
 
lakshmi, what ginnu is trying to say is that your H1 petition is considered abandoned while your H4-H1 COS is pending..and it IS abandoned (or will be)..so you probably need to refile an H1 petition when you come back..you should make plans to re-enter AFTER your H1 is approved - i just read on murthy.com bulletin (may 6) that your H1 petition is still valid if u reenter after the approval
 
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