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Purnim

No time for H1b extension and want to change to H4

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Hi All,

I have H1b picked up in 2018 lottery and approved as COS (from H4 to H1b) recently on Dec 10 till Dec 31st (approved for 21 days) with I-94 till jan 9th and my company informed on Dec 27th.  I'm planning to change from h1 to h4 as i did not have time for h1 extension? Please suggest me the options.

NOTE: I have H4 stamping valid till Dec 2019.

1. My employer suggested to exit and re-enter USA. If i do this do i need to exit to only home country or any other suggestions

2. As i have h4 stamping valid till Dec '19  do i need to raise any new h4 request or any thing or i can come back and just enter USA?

3. Do i need to wait in the home country for any period of time before entering USA?

4. Any additional documentation do i need to carry and what kind of questions they may ask at the port of entry?

Please suggest me on this Urgent. Thanks!!

 

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Assuming you did not work with the employer and did not draw any paycheck as of Dec 31:

1. You can go to any country, not necessarily your home. 

2. You can just enter on H4.

3. No need to wait. 

4. DHS may ask H1 and H4 question. Just be truthful about it. 

On the contrary, if you did draw any paycheck the H4 status is no longer valid. You have to file an extension. Nunc Pro Tunc seems a likely possibility in your case. Talk to your attorney. 

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4 hours ago, Chai said:

Assuming you did not work with the employer and did not draw any paycheck as of Dec 31:

1. You can go to any country, not necessarily your home. 

2. You can just enter on H4.

3. No need to wait. 

4. DHS may ask H1 and H4 question. Just be truthful about it. 

On the contrary, if you did draw any paycheck the H4 status is no longer valid. You have to file an extension. Nunc Pro Tunc seems a likely possibility in your case. Talk to your attorney. 

Thanks for your timely reply. No paycheck is issued currently will that be an issue in future as the employer mentioned that he got the notification on Dec 26th only. Should i ask him to issue the pay for that period?

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The H4 visa validity has no connection of any sort to whether the OP got paid. Nothing has to be forgiven here except a poor choice of H1 employer. Nunc Pro Tunc has no application here.The OP needs to return with the current H4 visa and documents related to the validity of the spouse H1 status. Stubs etc.

 

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Firstly, you still have time to apply for H1-B extension, since your I-94 is expiring on Jan 9th, 2019. Act immediately. LCA must not take more then a week. And 1 day to apply. If your application reaches on the date of expiry Jan 9, 2019 you are still OK. Just don’t miss or exceed this deadline, else it counts towards unlawful presence. 

1. No need to go to home country. You can go to any country.

 2. You have mentioned that your change of status was already approved since your H1-B application got picked. I think you may need to get visa converted again to H-4 if planning to re-enter on H-4 visa. From what I know, a non-immigrant cannot hold 2 H-visa’s at the same time. Please re-confirm this from attorney. 

3. No

4. H1-B and H4 related questions. Just be truthful. 

All the best

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