H1B H4 Situation

[hepatology]

Hi,

I am recently laid off from my H1B job. But I have valid H4 visa and valid I-94 (for H4) on my passport. I want to know whether my H4 status will be automatically activated (As I have valid H4 visa in my passport and valid I-94 for the H4 visa) or there is anything I have to do from my side.

An early response is appreciated as I am in a difficult situation.

[hepatology]

Hi Guru's,

Does anybody have any idea about my above said situation. Please reply.

Thanks in advance.

[impdocs]

we are in the same situation. we talked to attorney and she recommended to go out of US and renter to get back in H4 status. I believe that the H4 status will not be activated automatically.

We are not sure of 3 things...

1. Do we need visa to go to Canada / Mexico?

2. Can we reenter to US on the same day?

3. Does the Primary applicant (H1B holder) need to be with the dependant while leaving the country and reentering or the dependant can go by herself?

[BharatKaki]

Can some one please help in answering the above questions.

 

I think if we have a valid US visa we can enter to Mexico, here is the Mexico embassy link that says the same.

 

http://consulmex.sre.gob.mx/washington/index.php/en/component/content/article/156

 

I am not sure of the other 2 questions

 

Thank you.

[itsmeusa]

@ hepatology - no, you need to file COS application from H1 to H4 ASAP. Don't assume your earlier H4 will activate automatically. 

 

@ impdocs - Yes, usually a visitor visa is needed to enter Canada / Mexico. Yes, you can re-enter the same day. Dep can go by herself. But I would recommend you to accompany her if that's not a big deal for you.

[jairichi]

Can some one please help in answering the above questions.

 

I think if we have a valid US visa we can enter to Mexico, here is the Mexico embassy link that says the same.

 

http://consulmex.sre.gob.mx/washington/index.php/en/component/content/article/156

 

I am not sure of the other 2 questions

 

Thank you.

Explain your situation in detail. If you have the situation similar to impdocs then,

1. If you have a valid H4 visa you can go to Mexico and enter to get a new I94.

2.Yes.

3. No. You need a valid H4 visa and a copy of your spouse's I797.