H1 to H4 change of status

[farhat]

Hi,

I am currently on H1b visa. However, I was on maternity leaves for last 4.5 months and do not have pay slips and I need to travel to India on urgent basis next week. My employer is suggesting me to move to H4 and when I come back to USA they would re-activate my H1b. I have 2 questions here:

1. Since I have to travel urgently, once h1 to h4 change of status is filed, can I travel out of USA before the change of status actually happens?

2. Or can I file for change of status from h1b to h4, after I reach India?

-Farhat

[raghvi]

Hi,

I am currently on H1b visa. However, I was on maternity leaves for last 4.5 months and do not have pay slips and I need to travel to India on urgent basis next week. My employer is suggesting me to move to H4 and when I come back to USA they would re-activate my H1b. I have 2 questions here:

1. Since I have to travel urgently, once h1 to h4 change of status is filed, can I travel out of USA before the change of status actually happens?

2. Or can I file for change of status from h1b to h4, after I reach India?

-Farhat

Why wasnt payroll run for 4.5 Months? If you file H1 to H4 COS and then travel to India your COS would be considered abandoned so it is useless file H1 to H4 COS and then travelling. Once outside US you dont have any status, its more of a fresh H4 filing (assuming you already dont have an H4) . This is my opinion not legal advice.

[farhat]

Why wasnt payroll run for 4.5 Months? If you file H1 to H4 COS and then travel to India your COS would be considered abandoned so it is useless file H1 to H4 COS and then travelling. Once outside US you dont have any status, its more of a fresh H4 filing (assuming you already dont have an H4) . This is my opinion not legal advice.

Currently I have H4 visa stamped on my passport. Last time I entered USA on H4 visa and later got H1b done. So can I still file H4 once I reach India this time?

[raghvi]

Currently I have H4 visa stamped on my passport. Last time I entered USA on H4 visa and later got H1b done. So can I still file H4 once I reach India this time?

What is the validity date of your H4? If you have a valid H4 in your passport on the date you plan to return then you need not go for stamping, when you re-enter US come along with your spouse's latest petition/employment papers and you should be good to enter on H4. Once in US on H4 your employer can use the previous H1 to file1 a H4 to H1 COS. You should work with the employer only after approval of COS from H4 to H1. This is my opinion not legal advice.

[farhat]

What is the validity date of your H4? If you have a valid H4 in your passport on the date you plan to return then you need not go for stamping, when you re-enter US come along with your spouse's latest petition/employment papers and you should be good to enter on H4. Once in US on H4 your employer can use the previous H1 to file1 a H4 to H1 COS. You should work with the employer only after approval of COS from H4 to H1. This is my opinion not legal advice.

Yes the date is surely post I return to US. However, since at this point I would not do COS from my current H1b to H4 before leaving USA, why do I need to get H4 to H1 COS after returning back to US

[farhat]

Yes the date is surely post I return to US. However, since at this point I would not do COS from my current H1b to H4 before leaving USA, why do I need to get H4 to H1 COS after returning back to US

Thanks for your help