H4 to H1, not able to get ssn


Pkv1982

Recommended Posts

Hi,

I tried to search but couldn't find answer or situation discussed. Please suggest or help me find answer.

I am currently on H4 visa. I have a valid H1B visa which was approved very late, in late OCT 2015. I travelled India in early NOV 2015 and entered back on MAR 2016 on H4 as I didn't want to go visa stamping. My approved i797 has different i94 number than I see online.

Now if I go to ssn office and give them my i797 and respective i94, they say you are still on h4 and they are not able to validate against USCIS system. What should I do, please suggest.

Would I be out of status.

I just started working for a client after applying ssn.

Link to comment

You entered on H4, so you are in H4 status.

Somebody in H4 status can not get an SSN.

And you are working illegally. On H4, you can NOT work.

The employer needs to file a new H1 for you, or you can leave, get an H1 visa, and enter with that.

Link to comment

So I have stopped working. Thanks for suggesting this.

 

Now, how can I fix it. There was no COS filed.

I have a i94 for i797 which is different i94 on which I entered first time or this time on H4.

You need a new H1 or cross the border, attend H1 interview and enter on H1 status.

Link to comment

So I have stopped working. Thanks for suggesting this.

 

Now, how can I fix it. There was no COS filed.

I have a i94 for i797 which is different i94 on which I entered first time or this time on H4.

 

You have to leave the country, get an H1 visa, and enter with that.

Link to comment

. I travelled India in early NOV 2015 and entered back on MAR 2016 on H4 as I didn't want to go visa stamping. 

 

You wanted to avoid Visa stamping and hence entered in H4 category, even after ur COS was approved. Your options now are

1. Go for visa stamping with current approval and return using H1 Visa

2. Apply for another COS from H4 to H1

Link to comment

You wanted to avoid Visa stamping and hence entered in H4 category, even after ur COS was approved. Your options now are

1. Go for visa stamping with current approval and return using H1 Visa

2. Apply for another COS from H4 to H1

 

The OP can not apply for COS to H1.

The employer would have to file (and pay for) a new H1, filed with COS request.

The interesting part here is of course why the OP didn't want to go for stamping. That doesn't make any sense, except if the employer is a shady consulting company (which seems to be the case, since they allowed the OP to start working without apparently having an I-9 filled out...)

Link to comment

So the only reason I didn't want to go for stamping because I decided not to work at that time, my medical condition, but as things changed I got motivated. Regarding shady employer, may be or may be not. But that's not the point. Point is I want to work and really thanks for suggestions from you guys, it seems there are 3 possible ways I can try:

1. Ask my employer to file a new H1b and that would be cap exempted

2. Find a new employer and ask for filing a new h1b and that would be cap exempted

3. Schedule an appointment for visa stamping outside of us and then enter on h1b visa.

Could you guys suggest if I am correct with option 1 and 2?

If my current employer decided not to spend further money on me, can I find other employers without ssn and without payslips?

Can I schedule visa appointment in Canada in place of India? And if there is any RFE or rejection, can I still enter US on H4?

Apology for so many questions and thanks for your suggestions. I will wait to hear from you guys.

Link to comment

Archived

This topic is now archived and is closed to further replies.