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H1 to H4

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  • H1 to H4

    Hi
    I had come to US on H4 visa. In Oct'08 i got my H1B approved n got my I-797.
    I got my H1 sponsored by a consultancy (desi company in US).
    As the current market situation is bad i want to go back on H4.
    Since I have not had any of my pay stubs run, what is the procedure of coming back on H4.
    Do i have to apply for it again?
    I would be going back to India in Jan for a trip. When i come back then if I show my previous H4 I797 then would my status automatically be changed to H4. If I dont get my H1 stamped then what would happen?

    Thanks
    Richa

  • #2
    Did you change the status to H1 also? It will be shown on your latest I-94. If I-797 came with a I-94 showing H1 then you are out of status and need to leave the US immediately.
    If there was no I-94 showing H1, you are fine. But before you join a job you need to change your status to H1.
    This is my opinion and not legal advice.

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