Out of Status. Change of status to H1 to H4 approved for a future date

[Nagarajukv]

Hello,

 

My H1B VISA expired on 4th March 2015. I wanted to change my status from H1 - H4, but forgot to do so due to pregnancy complications. Now I am out of status. I submitted my change of status application (H1 - H4) along with my husband's H1B renewal on 10th May using priority processing.

 

My husband's H1B approved with start date as 10/2/2015 until 10/1/2018. FYI... he currently have active H1B status that expires on 10/1/2015.

 

USCIS forgiven me and approved my change of status also, but with start date as 10/2/2015(same dates as my husband). I was hoping to have start date as 11th May ( change of status application submission date) as my husband currently has active H1B (10/1/2012 - 10/1/2015) and a new H1b is valid from (10/2/2015 - 10/1/2018)

 

Now that my status change start date is 10/2/2015, Do I need to leave country?? What is my current status. I don't want to break 180 day rule. I do understand that I can't enter US for 3 years if I stay for more than 180 days while I am out of status. My 180 day period ends on 30th August 2015.

 

Old I-94 expired on 14th March 2015. We received a new I94 in the latest change of status approval, it has it as "Valid from 10/2/2015 UNTIL 10/1/2018". I am confused as the start on I94 is a future date.

 

What are my next steps? Please advise

[jairichi]

Contact USCIS or an attorney with regard to this issue. Exit and enter US with a valid H4 visa and a copy of your spouse's I797 to be on safer side.

[pontevecchio]

The fact that they gave you a new I94 is evidence of your legal status. Your next step is to run this by a Lawyer and confirm it.

[permaudit]

Nagarajukv - Did you go out of the country and return with a valid H4 visa? Or was it cleared? Please update, in a similar situation.