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H4 -> h1b -> h4

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  • H4 -> h1b -> h4

    Hi.

    I came to US in Dec 2014 on H4 visa and my H1B visa application was picked in the lottery in May 2015 and was to work from Oct 2015. But due to personal reasons, I wasn't able to work. I have a few questions ->

    1. Do I need to go back to H4 visa as I am currently not working?
    2. If I need to go back, do I need to go to my home country to get stamping done as I do not have pay stubs to produce for COS here in the US?
    3. If I travel to India, do I need to get a H4 stamping done or use my previous H4 stamping as it is still valid and not expired?
    4. If I need to get stamping done when I travel, what are the chances of me getting stamped without any problems and not getting rejected?
    5. Will my changing to H4 have any problems on my H1B put into blacklist and not getting at all in the future?
    6. Will I be able to change back to H1B in the future if I get a full-time job without having to go through lottery again?

    Thanks a lot in advance for all the great help provided.

    - Jay

  • #2
    Originally posted by jayashrimv View Post
    Hi.

    I came to US in Dec 2014 on H4 visa and my H1B visa application was picked in the lottery in May 2015 and was to work from Oct 2015. But due to personal reasons, I wasn't able to work. I have a few questions ->

    1. Do I need to go back to H4 visa as I am currently not working?
    2. If I need to go back, do I need to go to my home country to get stamping done as I do not have pay stubs to produce for COS here in the US?
    3. If I travel to India, do I need to get a H4 stamping done or use my previous H4 stamping as it is still valid and not expired?
    4. If I need to get stamping done when I travel, what are the chances of me getting stamped without any problems and not getting rejected?
    5. Will my changing to H4 have any problems on my H1B put into blacklist and not getting at all in the future?
    6. Will I be able to change back to H1B in the future if I get a full-time job without having to go through lottery again?

    Thanks a lot in advance for all the great help provided.

    - Jay
    Was H1 applied as a COS? Did the H1 I797 come with a new I-94? If yes, then it means you are currently out of status.

    1. Yes, if H1 was applied as COS.
    Question 2&3 contradict each other. If your H4 is still valid then all that you need to do is leave US and re enter on the H4 visa.
    5&6. It would depend if USCIS has revoked the H1 or not.

    This is my opinion not legal advice.

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