H4 Start date


nandkri

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Hello,

I filed for my wife H4 on Dec 13 and we got a receipt within five days. She was on H1 at that time and quit her job. Her employment terminated as of Dec 27,2010

We got the approval recently and her H4 start date is Jan 25,2011. Is she out of status between Dec 27- Jan 25? Will it be a problem in the future?

Please let me know

Thanks

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  • 3 weeks later...

Hello,

Even I have a similar case.

My H1B status/visa was set to expire on Dec 10th 2010 while my husband's H1b status was set to expire in April 2011. So, his company’s attorneys filed his extension along with my COS at the same time. These filings were done prior to expiration of my H1b status on Dec 10th. When the approval notice came in, my H-4 had the validity dates from April 2011 to March 2013 coinciding with my husband' H1b validity dates. But USCIS did not specify about what my status will be from Dec 11th 2010 to April 2011? When we questioned to the company's attorney about this, they apparently filed an amendment to correct the dates. However, USCIS again sent another approval notice with the same validity dates from April 2011 to March 2013! (Not sure if they were clear in their amendment!) Now as per the company's attorney, “this is fine and my status is covered since the filing for COS was done before the end of my H-1B visaâ€.

But we are not convinced if this is OK and are obviously concerned that I may be considered out of status for the period Dec 11th 2010 to April 2011?"

Do you recommend that we file an amendment yet again? What do we need to do to get this resolved?

Your response is appreciated.

Thanks in advance!!

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  • 5 months later...

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