H4-H1B-H4: Please Help!!!


gautamsb

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Let me explain my situation first:

 

I came here on H4 Visa in 2013. I had my H1B applied via a consultant in April 2014 and it got approved. I even found a project and was due to start. But only to realize that I need an SSN to start working. During that time, I figured that with my H1B approval, the I-797B was sent and not I-797A. As a result, I did not have an I-94 attached to apply for SSN based on the H1B. 

 

The consultant took their sweet time to apply for the COS (from H4 to H1B) and finally did  in Nov 2014 (with premium processing). I received the COS approval on Nov 7th 2014 and I applied for SSN.   In the meanwhile, the project position was filled and I dont have a project now and I am not being paid.

 

My questions:

  • I read that I have 30 days from the date of COS approval to start getting paid.Else I go out of status.  Is that right?? 
  • Now that the H4 EAD might be implemented soon, I am thinking of going back on H4. I understand I would have to file for my COS in order to do so. But since I dont have paychecks, I guess it is not a good idea to apply for it being here. Is  my understanding right??
  • Can I go back to India and apply for a H4 renewal?? (My husband's H1B expired and thus my H4 expired in July and it has been extended until 2016).
  • If I can go back to India and apply for H4 renewal, will questions regarding my H1B petition be brought up during the interview?? 

 

I really appreciate your responses on this one. Thank you for all your help in advance. Please help. 

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BTW forgot to mention that my SSN is still being processed. Is it a good idea to go back to India for H4 stamping while it is being processed?? Or should I wait for it to be processed. 

Don't worry about SSN. You will get the number as it is being processed even if you leave the country and return with a H4 visa.

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