H4-H1, what is the current status? URGENT

[garg_06]

Hi,

 

I was on H4 visa and I applied for H1b in April 2013 through consultancy and it got approved in May.

 

Due to my medical emergency, my employer had to revoke my H1b in September. According to USCIS letter, my approved petition was revoked in September.

 

I want to know what is my current status? As my H1 does not got active in October, am I still on H4 visa or my status got changed? Please advice as it is very urgent.

[jairichi]

Hi,

 

I was on H4 visa and I applied for H1b in April 2013 through consultancy and it got approved in May.

 

Due to my medical emergency, my employer had to revoke my H1b in September. According to USCIS letter, my approved petition was revoked in September.

 

I want to know what is my current status? As my H1 does not got active in October, am I still on H4 visa or my status got changed? Please advice as it is very urgent.

If your H1B petition was approved as COS from H4 to H1B the you are out of status from Oct 1st 2013.

[pontevecchio]

Discuss the issue with the firm of Murthy. Make a phone appointment. Nobody can say anything without facts. I would suggest taking the system more seriously.

[garg_06]

If your H1B petition was approved as COS from H4 to H1B the you are out of status from Oct 1st 2013.

If I am out of status, in that case what would be the best solution? Should I immediately apply for change of status to H4 or visit my home country and come back on H4 visa. My H4 visa is stamped till January 2015, in that case do I need re-stamping if I return from my home country?

 

I really appreciate all the help.

 

Thanks

[pontevecchio]

If your medical emergency will let you travel leave and return on the H4 visa.

[jairichi]

If I am out of status, in that case what would be the best solution? Should I immediately apply for change of status to H4 or visit my home country and come back on H4 visa. My H4 visa is stamped till January 2015, in that case do I need re-stamping if I return from my home country?

 

I really appreciate all the help.

 

Thanks

Exit and enter US with a valid H4 visa and a copy of your spouse's I797.

[garg_06]

Thanks for the responses. Just a quick question, do I need to leave anywhere outside US and then enter with H4 visa or I have to visit my home country?

[jairichi]

Thanks for the responses. Just a quick question, do I need to leave anywhere outside US and then enter with H4 visa or I have to visit my home country?

Just cross the border and enter with a valid H4 visa and spouse's I797.

[t75]

Normally an employer would not terminate someone for a true medical "emergency". However, if this is pregnancy and delivery when the employee is unlikely to be available for some indeterminate period of time by her choice, the employer should revoke.