H1 to H4 to H1

[srujanavinnakota]

I am in wierd situation right now.
I have entered USA on H1b Visa. At the POE I got an I94 valid till jan 19 2012.

Later I had applied for H4 visa. Got it approved with I94 valid till May 29 2011.

I have then applied for H1 visa again. I recieved an I797B valild till dec 15 2012.
Unaware of what is I 797B I haved worked for employer till may 2011.
After giving birth to baby, in the month of may I applied for Short term Disbality and Paid Family Leave.

I want to go india get H1b visa stamped. now that my employer has checked my visa documents, he says that I am out of Status.


Please let me know, what should I do now.

Am I out of status? If Yes what can I do? If No, Can I go for H1b Visa stamping with I 797B?

[shervin143]

If you haven't received an I-94 with the last H1B approval notice, then you are not out of status. You are still in H4 status and the problem is that you worked illegally violating the H4 rules & regulations. Getting paid and receiving a w2 while on H4 status is a big NO NO. It can cause issues with future petitions and visa approvals. It depends on how the VO checks your details. It is hard to predict what might happen.

[srujanavinnakota]

Thanks for your reply. Assuming that I am having H1B Visa, I think I have worked for one year. My H4 also as expired on may 29 2011. I have even applied for H4 extension. Should I apply extension immediately?

Please help me what should I do immediately.

[shervin143]

Simple question - Did you or did you not receive an I-94 attached to the H1B approval notice.

Thanks for your reply. Assuming that I am having H1B Visa, I think I have worked for one year. My H4 also as expired on may 29 2011. I have even applied for H4 extension. Should I apply extension immediately?

Please help me what should I do immediately.

[srujanavinnakota]

Answer is NO

[shervin143]

Your stay in the country is currently illegal. Any time spend in U.S after your I-94 expiry date is considered as illegal stay. You should consult a good immigration attorney. If your stay is illegal for more than 6 months, then you could get up to 3 year ban, If you stay illegally for more than 1 year, you could get up to 10 year automatic ban.

Your stay is illegal and you worked illegally. My advise would be to consult an attorney. Extension or change of status is not possible with an expired I-94.