I94 expiry


ramya_ramya

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Hi,

I had H1B visa valid till April 2016 .My I94 was issued till 18-Aug-2015.
I was on maternity leave with no project code , during I94 expiry and hence could not extend I94 with H1B status.
To maintain legal status, I changed my status to H4 from 19-Aug-2015 and it is still pending for approval from USICS.

 

a.Now I want to switch back to H1B and start working again.My employer is asking me to
travel to India and get visa stamped and travel US again.I already have stamped visa till April 2016.Should I go again for Visa stamping?

 

b. From 19-Aug-2015 till date of exiting US ,what status is considered H1B or H4.

 

Regards,

Ramya

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 Thanks for the reply. But still i dont understand:

 

Dont i need any visa stamping or visa extension? Since my i94 has expired and H4 is not approved yet, will i not be questioned when i enter why i stayed beyond my i94 expiry date (18 Aug)...Will they know that i had switched to H4 after 18 Aug, even if its not yet approved?

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 Thanks for the reply. But still i dont understand:

 

Dont i need any visa stamping or visa extension? Since my i94 has expired and H4 is not approved yet, will i not be questioned when i enter why i stayed beyond my i94 expiry date (18 Aug)...Will they know that i had switched to H4 after 18 Aug, even if its not yet approved?

Since a timely COS was filed before your I94 expiry date and you have the receipt notice to back it up you are fine.

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