H4 to H1B to H4

[Rajesh.Yedlapalli]

In 2010 oct i have changed status from H1B to H4, I got H4 until 2014.

Then i moved to H1B in June 2012. H1B is approved for 1 year until june/2013 . I have applied for H1B extension in june 2013 got an RFE,i worked on receipt until october 18th, my employer did not answer the RFE and RFE answer end date is NOV-6th 2013, he revoked the H1B  and i have applied change of status I 539 to move to H4 again on Nov-11/2013.

 

 

question

1 . since there is gap between RFE end date and I 539 petition received date, will there be any problem for my status.

2. The previous H4 has a valid date of Nov/2014. is this H4 a valid one or it will become invalid since i moved to H1B in 2012.

3. since my i 94 is expired. is there any need of going out of the country and come back again after H4 is approved.

[jairichi]

In 2010 oct i have changed status from H1B to H4, I got H4 until 2014.

Then i moved to H1B in June 2012. H1B is approved for 1 year until june/2013 . I have applied for H1B extension in june 2013 got an RFE,i worked on receipt until october 18th, my employer did not answer the RFE and RFE answer end date is NOV-6th 2013, he revoked the H1B  and i have applied change of status I 539 to move to H4 again on Nov-11/2013.

 

 

question

1 . since there is gap between RFE end date and I 539 petition received date, will there be any problem for my status.

2. The previous H4 has a valid date of Nov/2014. is this H4 a valid one or it will become invalid since i moved to H1B in 2012.

3. since my i 94 is expired. is there any need of going out of the country and come back again after H4 is approved.

1. You should be fine.

2. Your H4 is invalid now as you applied for COS from H4 to H1B in 2012.

3. No. If your H4 I797 does not have an I94 then you need to exit and enter US with a H4 visa.

[pontevecchio]

The simplest solution is going back and returning with a H4 visa.