Cos for H1 to H4..ITS URGENT

[nishkaanangel]

Hi,

I was on h4,last year i got my h1b approve.i started working from Dec.

But Because of some emergency i have to go India in May for 2 weeks.My husband is on h1 and he has to get his h1stamped.I m thinking to take a break after india trip because of some family situation.and planning to come back on h4. So I have some questions:

1. Do I have to file the change of status from h1 to H4 to come back on H4 since i m going to india in may

2.I read somewhere its ok to not file the change of status because when you go out of US all the status becomes invalid,the one you enter with us is the only valid status.??

3. My husband changed his job June 2012,Since My employer filed my H1b In may2012 my husbands employer never filed my h4.So I dont have any H4 Notice for my stamping in India. is it ok??

I read here in one of the thread its ok even if i dont have my h4 notice wuth me,because we are going for stamping as family,and my husband will have his h1b petion and other documents with him.

THANKS

[0407]

I think I had replied to your post once. Wiweq too had responded. You don't need to file COS to H4 in US.

To maintain legal status when in US you need to continue working on H1B. If you plan to stop working

before you go to India, then file COS to H4 before last day of work.

If you are so sceptical about responses in this forum, file a consultation with good attorney.

[cobra1232]

1. You said want to come back on H4. So you need to get H4 visa from the consulate. I don't see this as a question, you have to get H4 visa unless you plan to resign after your arrival in US (assuming you have current H1-B visa stamp ?) 2. Assuming your earlier H4 stamp is still valid and your husband is still with same employer (#3 states otherwise, so you have to get new H4 stamped) 3. Just carry your Husbands petition information (I-797/Labor/His Passport visa stamp (if stamped)/Employer letter) along with your documents and you should be fine.

[kattu786]

Hi,

I was on h4,last year i got my h1b approve.i started working from Dec.

But Because of some emergency i have to go India in May for 2 weeks.My husband is on h1 and he has to get his h1stamped.I m thinking to take a break after india trip because of some family situation.and planning to come back on h4. So I have some questions:

1. Do I have to file the change of status from h1 to H4 to come back on H4 since i m going to india in may

2.I read somewhere its ok to not file the change of status because when you go out of US all the status becomes invalid,the one you enter with us is the only valid status.??

3. My husband changed his job June 2012,Since My employer filed my H1b In may2012 my husbands employer never filed my h4.So I dont have any H4 Notice for my stamping in India. is it ok??

I read here in one of the thread its ok even if i dont have my h4 notice wuth me,because we are going for stamping as family,and my husband will have his h1b petion and other documents with him.

THANKS

You don't have to file COS when you are in US.You can remain on H1 status and can go to India for 2 weeks.This is true that all the status are in US only.

If you want to come back on H4 then you have get the H4 visa stamped.Please search on the net for the h4 docs checklist.But make sure that you resign from your H1 job before you reenter US on h4.