H1-H4

[H1bnm]

Hi,

My wife was in dependent status - H4 , and last year we filed H1 and picked up in lottery.

As there was delay in getting the job, her company itself revoked her visa last November 2016 stating will re-initiate the H1 once she get the job.

Can you please advise does her status will goes back to H4 by default as her H1 revoked.

And, can you explain what would be the process to change from H4 - H1.

Regards,

Mahendran.N

 

[adshah84]

Your wife is out of status if her H1b was approved with COS. 

She need to leave country ASAP and need to re enter with H4 Visa. She can use current H4 stamp if it's still valid or she will have to go for Visa interview. 

her status will not goes back to H4 by default as her H1 revoked. It didn't work that way. 

 

[MBATechGrad]

Hi All,

I also have similar kind of case but with H4 extension already filled.

1. My wife has been on H4 since last few years.

2. last year (2019), we filled for her H1b which was approved in April'19 with start date 10/01/2019 (COS)

3. However we decided not to change her status on H1B in Oct and instead filled for her H4 extn on Sept 18th. She has been on H4 status from April to Sept period

4. She never joined H1B firm and continued to be on H4 status after extension was filled in Sept. we already told her employer in Oct that she won't join. Her H1 petition was withdrew in Jan'20.

5. Now we got a letter from USCIS that H4 is declined because she should be on H1B status starting Oct 1st. I was told that her H4 should have been approved considering H4 extension was filled before Oct 1st (on Sept 18th). Please advise on possible options -

a). Should she leave country and return back with H4 stamping

b) should we file fresh pro nunc tunc H4 extension while she is in US?

which option has higher chances of approval.