navitha28 Posted September 8, 2015 Report Share Posted September 8, 2015 I came to US in 2013 on H4 with validility till Aug 2014. I filed for H1 in 2014 and got RFE. since i will go out of status if my H1 is not approved, i filed for H4 extn which got approved till 2017. Then i cleared my RFE and got H1 approved till 2017. I think my H1 is recent status. I am planning to goto india. Can i go for H4 stamping and come on H4 ? or do i need to go for H1 stamping? Link to comment
jairichi Posted September 8, 2015 Report Share Posted September 8, 2015 If your H1B petition was approved as COS then you are on H1B status & need to be working & paid. You can enter US using a visa based on which you want to maintain that status. Link to comment
navitha28 Posted September 9, 2015 Author Report Share Posted September 9, 2015 Thanks Jairichi, My stamping is expired and I need stamping for entering USA. In this case can i go stamping on H4 Visa approval Link to comment
jairichi Posted September 9, 2015 Report Share Posted September 9, 2015 Yes, you can go for H4 visa stamping. But, if you enter with a H4 visa you cannot work till an employer files a COS and gets it approved. Link to comment
get12345 Posted September 9, 2015 Report Share Posted September 9, 2015 Hi, I have a similar problem and need some clarity. I came here on H4 which is valid till 9/24/2015. My spouse has a H1 valid till 9/30/2015. I is about to file his extension by end of this week. I have applied for H1 (COS) in Apr 2015, got an RFE, later it was approved on Aug 6 2015. My H1 (COS) status starts from 10/01/2015. How do I manage my status for the 6 days between 9/24/2015 to 9/30/2015? Can I go to CBP and get it corrected by providing all the relavant documents (Old H4 stamping and New H1 I797)? Is there no way to cover this six days on H4 status? When I checked with CBP over phone, the officer confirmed that I had to leave and re-enter the country without looking at the documents. An immediate response would be highly appreciated. Regards, Get12345. Link to comment
jairichi Posted September 9, 2015 Report Share Posted September 9, 2015 Hi, I have a similar problem and need some clarity. I came here on H4 which is valid till 9/24/2015. My spouse has a H1 valid till 9/30/2015. I is about to file his extension by end of this week. I have applied for H1 (COS) in Apr 2015, got an RFE, later it was approved on Aug 6 2015. My H1 (COS) status starts from 10/01/2015. How do I manage my status for the 6 days between 9/24/2015 to 9/30/2015? Can I go to CBP and get it corrected by providing all the relavant documents (Old H4 stamping and New H1 I797)? Is there no way to cover this six days on H4 status? When I checked with CBP over phone, the officer confirmed that I had to leave and re-enter the country without looking at the documents. An immediate response would be highly appreciated. Regards, Get12345. When does your I94 expire? If it is in the last week of September 2015 you are fine. Link to comment
get12345 Posted September 11, 2015 Report Share Posted September 11, 2015 When does your I94 expire? If it is in the last week of September 2015 you are fine. It expires on 9/24/2015. Do I go to CBP for extending my I-94 with that of my Spouses (9/30/2015) ? Link to comment
get12345 Posted September 11, 2015 Report Share Posted September 11, 2015 When does your I94 expire? If it is in the last week of September 2015 you are fine. It expires on 9/24/2015. Do I need to goto CBP to correct this ? Link to comment
jairichi Posted September 11, 2015 Report Share Posted September 11, 2015 To be on safer side you can file a EOS of H4 before I94 expiry date. Once you move to H1B status on Oct 1st you can request USCIS for withdrawal of H4 EOS. Link to comment
Nikki2017 Posted September 12, 2015 Report Share Posted September 12, 2015 Hi I am on h4 visa and my husband's employer has filled for an extension. for which i didnt recieve any status. but now i have found an employer who had filed my H4 to H1 . However i have changed my mind(i am not happy with the process and methods. doesnt seem to be a right fit for me.) and I dont want to go with this employer. Now my Question is, if my H1 gets approved do i need to start working, does my payroll have to start running. will i loose my H4 status ? even if i dont sign an i9 with this employer. Please advice. Thank you Link to comment
get12345 Posted September 14, 2015 Report Share Posted September 14, 2015 To be on safer side you can file a EOS of H4 before I94 expiry date. Once you move to H1B status on Oct 1st you can request USCIS for withdrawal of H4 EOS. CBP Help in correcting the same and extended it by 10 days. Link to comment
get12345 Posted September 14, 2015 Report Share Posted September 14, 2015 To be on safer side you can file a EOS of H4 before I94 expiry date. Once you move to H1B status on Oct 1st you can request USCIS for withdrawal of H4 EOS. CBP Help in correcting the same and extended it by 10 days. Link to comment
jairichi Posted September 14, 2015 Report Share Posted September 14, 2015 CBP Help in correcting the same and extended it by 10 days. Good to know CBP helped you. Thanks for the update. Link to comment
jairichi Posted September 14, 2015 Report Share Posted September 14, 2015 Hi I am on h4 visa and my husband's employer has filled for an extension. for which i didnt recieve any status. but now i have found an employer who had filed my H4 to H1 . However i have changed my mind(i am not happy with the process and methods. doesnt seem to be a right fit for me.) and I dont want to go with this employer. Now my Question is, if my H1 gets approved do i need to start working, does my payroll have to start running. will i loose my H4 status ? even if i dont sign an i9 with this employer. Please advice. Thank you Once COS to H1B is approved you no longer will be on H4 status. Ask H1B employer to withdraw H1B petition or after H1B petition approval file for a COS to H4. Link to comment
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