using H4 after H1 approval

[pranathi27]

Hi,

I have H1 which was approved from 2009 Quota.I didnot get job yet.
now my questions are

1.can i use my H4 to re-enter USA from INDIA.

2.i heard that my status wont change untill my employer pays my taxes for INS.is this true ?

3.Is my H4 still vaild?(i have H4,I94 till 2010)

4.i am still on H4 ,b'cos i did not get job yet and my employer did not run payroll for me?


Please answer

Thanks

[contact 01]

have H1 which was approved from 2009 Quota.I didnot get job yet.
now my questions are

1.can i use my H4 for traveling to india.

If you want to go to your home country and come back on H4 then you have to file a change of status when you start working as a H-1B Holder. The reason is when you apply for change of status, then it is automatically treated as H-1b from October 1, 2009 onwards and your h4 becomes invalid.
Therefore when you go out of US there will be no problem, but if you enter US on H4 status with new I-94 details, then your previous application that is your H-1B becomes void.

It is also one way good, that at the time of geeting project you can immediately ask the employer to file change of status application from H4 to H1.
or

In order to avoid this situation, you can better go for H-1B stamping with relevant paper work and get H-1B stamping and enter as H-1B holder.



2.i heard that my status wont change untill my employer pays my taxes for INS.is this true ?


According to USCIS, if it is a change of status, it is treated that alien has become H-1B holder from October 1, 2008 onwards.



3.Is my H4 still vaild?(i have H4,I94 till 2010)

4.i am still on H4 ,b'cos i did not get job yet and my employer did not run payroll for me?

It is a mandatory rule that employer has to pay the alien during the bench period. Since it is a change of status from H4 to H1, your H1 becomes valid from October 1, 2008 onwards

Note: This is not a legal advice, please consult an attorney

[pranathi27]

Thanks

I asked my employer abt paystubs,he said he can run my paystub only from jan2009 , he can't go back Dec as W2 are already dispatched.
I cant attened visa interview with just 1 payslip.

so should i change my status before going to India from H1 to H4 or is it fine.

[pranathi27]

I have 2 more Question

1.while entering US with H4 which I-94 should i show ,H4 i-94 or H1 ?




If you want to go to your home country and come back on H4 then you have to file a change of status when you start working as a H-1B Holder. The reason is when you apply for change of status, then it is automatically treated as H-1b from October 1, 2009 onwards and your h4 becomes invalid.
Therefore when you go out of US there will be no problem, but if you enter US on H4 status with new I-94 details, then your previous application that is your H-1B becomes void.



Note: This is not a legal advice, please consult an attorney


2. will i get back my H1 after applying for change of status or are there any chances of canceling it?

Thanks

[contact 01]

I have 2 more Question

1.while entering US with H4 which I-94 should i show ,H4 i-94 or H1 ?

First of all, if you did not go for H-1B stamping then your H4 visa stamping in your passport is valid and you can enter on thisH4 visa into USA.

But If you go for H-1B stamping and it is stamped then the consulate officer will automatically cancel the H4 visa in your passport " as canceled without prejudice". In this scenario you cannot use your h4 stamping to enter US. You will be entering US only on H-1B status.


2. will i get back my H1 after applying for change of status or are there any chances of canceling it?

Definitely you can file for change of status once you get a project and the employer will no the necessary paperwork.

By staying in h4 status till you get your project is safe in the sense that you need not worry about the pay stubs during the bench.


Note: This is not a legal advice, please consult an attorney

[pranathi27]

my H4 Visa is expired in sep 2008,buT i HaVe I94 Till 2010 .
SHOULD I GO FOR H4 SAMPING IN INDIA?

[sudhamsh]

my H4 Visa is expired in sep 2008,buT i HaVe I94 Till 2010 .
SHOULD I GO FOR 4 SAMPING IN INDIA?

Visa enables you to enter USA and I-94 determines how long you can stay in US. You will be returning the I-94 when exiting the country meaning that I-94 becomes void and you will be issued a new I-94 when you arrive in US. Since you said that your visa expired, you need a fresh stamping. And you currently hold an approved H1 petition, you may not be allowed to get H4 stamping. Just curious to know did you keep the I-94 while leaving or returned at the airport?

[pranathi27]

Thanks
i never left US after coming here,this will be first time.

[want2go2us]

Hi

My wife is also facing a similar situation.

1. She came to US on H4 in Apr'07 and never left US. Later she applied for H1B and it was approved and she was eligible to work from Oct'08 onwards.

2. Her employer could not find a project for her. Hence no paystubs etc. I understand she is out of status.

3. We were advised that it is better to go back to India and re-etner on H4 instead of staying out of status. (We have not consulted a lawyer yet).

4. When she goes back to India she has to go for H4 stamping as earlier expired in Apr'08.

My questions are:

1. Has anybody in a similar situation faced H4 stamping interview and if so, what are their experiences?

2. After coming back to US on H4 can we apply for COS once she gets a project and if yes, should it be done by the same employer?

Thanks in advance.

[pranathi27]

Hi

My wife is also facing a similar situation.

1. She came to US on H4 in Apr'07 and never left US. Later she applied for H1B and it was approved and she was eligible to work from Oct'08 onwards.

2. Her employer could not find a project for her. Hence no paystubs etc. I understand she is out of status.

3. We were advised that it is better to go back to India and re-etner on H4 instead of staying out of status. (We have not consulted a lawyer yet).

4. When she goes back to India she has to go for H4 stamping as earlier expired in Apr'08.

My questions are:

1. Has anybody in a similar situation faced H4 stamping interview and if so, what are their experiences?

2. After coming back to US on H4 can we apply for COS once she gets a project and if yes, should it be done by the same employer?

Thanks in advance.


Plz give me info on this issue if u find something.