H4 - H1 status and I-94

[pushpa86]

Hello Murthy,

I was on H4 visa and it was valid till May 2012, I went to India on July 2011 and got my visa stamped for H4 visa and came to USA on Oct 5th 2011. When I entered USA I got my I-94 stamp on my passport for H4 visa on Oct 5th.

But, before I went to India I had applied for my H1B visa and got it approved. My H1B visa starts from Oct 3rd and also my I797 and I94 for H1B visa are valid from Oct 3rd 2011 to Oct 3rd 2014.

Now, my question which I94 takes precedence..? My h1B which is valid Oct 3rd 2011 to Oct 3rd 2014 OR my previous H4's I94 which is from Oct 5th 2011 to may 2012

Please help me I am in a big confusion.

Thanks much

[njverifier]

Hello Murthy,

I was on H4 visa and it was valid till May 2012, I went to India on July 2011 and got my visa stamped for H4 visa and came to USA on Oct 5th 2011. When I entered USA I got my I-94 stamp on my passport for H4 visa on Oct 5th.

But, before I went to India I had applied for my H1B visa and got it approved. My H1B visa starts from Oct 3rd and also my I797 and I94 for H1B visa are valid from Oct 3rd 2011 to Oct 3rd 2014.

Now, my question which I94 takes precedence..? My h1B which is valid Oct 3rd 2011 to Oct 3rd 2014 OR my previous H4's I94 which is from Oct 5th 2011 to may 2012

Please help me I am in a big confusion.

Thanks much

As per my knowledge, it does not matter. You need hand over all your I-94s when you return back to India next time.Your I-94 on H1 will become active as soon as you start using your H1.

[pontevecchio]

there is no confusion. You are in H4 status. If you want to work leave and come back with the H1 visa. How come you did not get a H1 visa and return?

[pontevecchio]

@op

Again I repeat. You are in H4 status.

[njverifier]

there is no confusion. You are in H4 status. If you want to work leave and come back with the H1 visa. How come you did not get a H1 visa and return?

@pontevecchio: I am just trying to understand the necessity of her making a trip to India to change her status from H4 to H1. She has an approved H1 right why cant she start working rightaway without making a trip to India?

[crank]

Pontevecchio,

Thanks for your insights on the post above. My wife is also in a similar situation. My question is, if OP has entered US on H4 visa and has an approved H1 with a start date prior to entry date, what are her options to start using the H1 as work authorization?

One option you mentioned above is to travel outside US and get H1 stamping.

Is there an option to not leave the country, file "Change of Status" I-539 form while in US and get the status changed from H4 to H1?

Thanks in advance.

[pontevecchio]

"She has an approved H1 right why cant she start working rightaway without making a trip to India?"

The reason is she entered the country in H4 status after the H1 kicked in. If she had come back in H4 status before October,3 she would have been in H1 status.

@infoseeker. COS from H4 to H1 means the filing of" another H1 petition with COS from H4" with all the fees involved. If the employer is willing he can file a H1 petition AGAIN with COS and she can work on approval