H1 or H4


MagicJP

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I came to US on a H4 visa in 2012 and my H4 expires in Nov 2016. I received my H1b in oct 2014, and due to personal reasons I could not join work till Oct 2015. I am planning to go for vacation in 2016 and want to know my options.

 

My questions : 

 

1. a)Can I go for H4 stamping when I go to India as I have valid H4 I797 till Nov 2016 and come back and do a change of status to H1?(Note: My H4 stamp in Passport expired in 2014)

 

 b)Will there be any questions asked about my H1b at the consulate office?

 

 

2. a) Should I go for H1b stamping and tell the consular office that I continued to stay in H4 till september 2015 and activated my H1 only in October 2015 due to personal reasons?

 

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If your H1B was approved as COS in Oct 2014 and you did not work till Oct 2015 then you were out of status. In that case our employer violated immigration rules by not revoking your H1B petition since you did join them after approval.

1. a. Yes. You need a copy of your spouse's I797.

    b. No.

2. You were never on H4 status if your H1B was approved as COS in Oct 2014.

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If your H1B was approved as COS in Oct 2014 and you did not work till Oct 2015 then you were out of status. In that case our employer violated immigration rules by not revoking your H1B petition since you did join them after approval.

1. a. Yes. You need a copy of your spouse's I797.

    b. No.

2. You were never on H4 status if your H1B was approved as COS in Oct 2014.

Thanks Jairichi

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