H1B_boy Posted November 16, 2011 Report Share Posted November 16, 2011 Hi, My H1B visa got expired on 30-Sept-2011, and my employeer has filled for H1B extension on 19-Sept-2011, still its in "Initial Review" Status. My question is : Now my project is getting over on First week of December 2011 and there is no other project with my employeer in USA in which I can be assigned. My husband is in USA on H1B, can I stay in USA with him on H1B extension receipt number with out salary as an "Unpaid Leaver" for few months. If yes then till how many days I can stay in USA without salary in USA. If not then, what is the procedure to stay In USA apart from converting H1B to H4. It is possible to convert my inprogress H1B extension to H4 in USA itself. Waiting egarly for your reply, Thank you! Link to comment
livliv Posted November 16, 2011 Report Share Posted November 16, 2011 Unfortunately there is no easy way. You can apply for change of status H4, but it is likely that H1 extension will get approved first. In that case you will have to maintain H1 status (by working). For change of status to any other status you must be maintaining the current status which you are not. Even if you leave and return with an H4 Visa, that creates status confusion as your H1 extension gets approved with or without extension of status. Link to comment
H1B_boy Posted November 16, 2011 Author Report Share Posted November 16, 2011 Thanks Livliv for replying.... One more query: My H1B is also expired and H1B extension is filled on 6-Sept-2011. Can my wife converts H1B to H4, then is it possible as normally H4 is given till the husband H1B end date. Any minimum number of daya she can be in USA without pay/salary on H1B extension receipt number? Also, suppose she goes back to India then her H1B extension will be void or it will remain valid? Please reply..I am very nervous...Thanks for all your help and support..... Link to comment
JoeF Posted November 16, 2011 Report Share Posted November 16, 2011 My husband is in USA on H1B, can I stay in USA with him on H1B extension receipt number with out salary as an "Unpaid Leaver" for few months. No. On H1, you have to get paid all the time, even if you don't have a project. If not then, what is the procedure to stay In USA apart from converting H1B to H4. You can file an I-539 to change to H4. Link to comment
livliv Posted November 16, 2011 Report Share Posted November 16, 2011 If neither your I-94 nor your spouse's I-94 are valid (extensions pending), it is going to be complicated for 1 spouse to change to H4. Consult an experienced attorney to discuss your options. Link to comment
H1B_boy Posted November 17, 2011 Author Report Share Posted November 17, 2011 Thanks JoeF for replying one more question please reply... Now as I am also on H1 extension receipt number (H1 extension staus is 'Initial Review"), can my wife who is also on H1 extension receipt number (H1 extension staus is 'Initial Review"), can she apply for change of status to H4.....in USA...can she be in USA....untill change of status to H4 is approved.... Thanks..... Link to comment
JoeF Posted November 17, 2011 Report Share Posted November 17, 2011 Thanks JoeF for replying one more question please reply... Now as I am also on H1 extension receipt number (H1 extension staus is 'Initial Review"), can my wife who is also on H1 extension receipt number (H1 extension staus is 'Initial Review"), can she apply for change of status to H4.....in USA...can she be in USA....untill change of status to H4 is approved.... Hmm, I don't think that would work. To apply for an H4, the primary needs to be in valid H1 status. With a pending H1 extension, that would not work, unless your current I-94 is still valid. You should discuss your situation with a good immigration lawyer. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.