H4-H1 and back to H4

[srilekha]

Hi,

 

I came on H4 Visa last year 2012, January and later got my H1B approved in 2012. Due to personal reasons I did not start working on the H1B.

 

My question is

 

1. Will I be out of status If I don;t start working on my H1B, or will my H4B visa will be valid.

 

2. If I still want to continue on H4 Visa do I need to go back to home country and get my H4B visa stamped.

 

Appreciate expert opinions.

 

Regards,

Sri

[jairichi]

Hi,

 

I came on H4 Visa last year 2012, January and later got my H1B approved in 2012. Due to personal reasons I did not start working on the H1B.

 

My question is

 

1. Will I be out of status If I don;t start working on my H1B, or will my H4B visa will be valid.

 

2. If I still want to continue on H4 Visa do I need to go back to home country and get my H4B visa stamped.

 

Appreciate expert opinions.

 

Regards,

Sri

(1) If your H1B was applied as a change of status petition and on approval if you have not started to work from Oct 1st or have not applied for a change of status back to H4 you are out of status from Oct 1st 2012.

(2) The answer depends on 1.

[rahul412]

1. Will I be out of status If I don;t start working on my H1B, or will my H4B visa will be valid.

 

2. If I still want to continue on H4 Visa do I need to go back to home country and get my H4B visa stamped.

what is your current status??

 

1. If your H1 was approved in 2012 then you should be on H1 now. If you didn't join that employer, then your H1 should be revoked at that time.

2. No need of new H4 stamp, if the old one is still valid

[srilekha]

Thank You for your inputs. 

 

Jairichi

 

My H1B was applied as COS and I haven't started working from Oct 2012, you mean currently I am out of status. So I need to travel back to India and get my dependent visa stamped. Are there any chances of rejection due to the period from Oct to till now as out-of-status.

 

Rahul,

 

Once I got my H1B I got my SSN but haven;t joined my employer nor worked for him, even my h1b was not revoked until now. What is the status of my visa, my H4B is still valid.

 

Regards

[jairichi]

Thank You for your inputs. 

 

Jairichi

 

My H1B was applied as COS and I haven't started working from Oct 2012, you mean currently I am out of status. So I need to travel back to India and get my dependent visa stamped. Are there any chances of rejection due to the period from Oct to till now as out-of-status.

 

Rahul,

 

Once I got my H1B I got my SSN but haven;t joined my employer nor worked for him, even my h1b was not revoked until now. What is the status of my visa, my H4B is still valid.

 

Regards

If you have not started working from Oct 1st 2012 and have not change your status back to H4 then you are out of status. If your I94 has expired then you are accumulating illegal status. Consult an immigration attorney before you take any decision

[rahul412]

Thank You for your inputs. 

 

Jairichi

 

My H1B was applied as COS and I haven't started working from Oct 2012, you mean currently I am out of status. So I need to travel back to India and get my dependent visa stamped. Are there any chances of rejection due to the period from Oct to till now as out-of-status.

 

Rahul,

 

Once I got my H1B I got my SSN but haven;t joined my employer nor worked for him, even my h1b was not revoked until now. What is the status of my visa, my H4B is still valid.

 

Regards

If your H1 was approved with COS and haven't joined that company then your current status should be H1 since you didn't filed for COS after Oct 1st. That means you are currently out of status. But their are many people in your situation and some suggested to go for quid pro quo. ( I don't know whether you can go in this direction).

 

But you need an attorney's advice.

[smsb0709]

Hi, Can some body please help me with the answers for the questions i have .

• I have H1-B valid till october 2014 with current 1-94, I would like to convert to H4 (dependent) on my husband's Visa. In future , i would want to go back to H1B status again. To apply H1B again , do i have to wait for quota?
• Do i have to get my visa stamped after converting to H4 and then apply for H1B again?
• What are the application forms # to apply for H4
• Are there chances of visa stamping issues when applying back to H1B from H4?

Thanks in Adavance

 

---Smsb

[pontevecchio]

@smsb70, Why piggy back on another post instead of starting your own thread?

 

• I have H1-B valid till October 2014 with current 1-94, I would like to convert to H4 (dependent) on my husband's Visa. In future , i would want to go back to H1B status again. To apply H1B again , do i have to wait for quota?

NO

• Do i have to get my visa stamped after converting to H4 and then apply for H1B again?

NO

• What are the application forms # to apply for H4

I539-USCIS site

• Are there chances of visa stamping issues when applying back to H1B from H4?

Not because of this.