H4 to H1 question

[pviru]

Hi,

I am on H4 visa since 2012 August.My husband's H1b is applied for renewal and my H4 extension is also applied along with his renewal. It is approved and i got the approval letter from USCIS saying that my H4 status is extended till sepetember 2016. I applied for H1b through an employer and i got the approval on 2013 October 15th.But due to some medical reasons i did not join my employer company and just because i told him i need some more time to join the job my employer cancelled my h1b. He did not provide me any receipt number (EAC) or any approved petetion documents (I797) etc.

I heard that the EAC will be valid for 6 years once it is approved and we can again invoke my h1b under cap exempt when ever we want. Is it true? How can we do that if the employer does not provide the receipt number? And also I am planning to travel to india in June month. If i go to india i have to go for H4 stamping since my husband's visa got renewed. I have some questions here.

If i go to india and go for stamping on H4 my h1b will get void? After coming to usa can't i use my h1b which is approved? Please let me know what can i do in this case?

[raghvi]

Hi,

I am on H4 visa since 2012 August.My husband's H1b is applied for renewal and my H4 extension is also applied along with his renewal. It is approved and i got the approval letter from USCIS saying that my H4 status is extended till sepetember 2016. I applied for H1b through an employer and i got the approval on 2013 October 15th.But due to some medical reasons i did not join my employer company and just because i told him i need some more time to join the job my employer cancelled my h1b. He did not provide me any receipt number (EAC) or any approved petetion documents (I797) etc.

I heard that the EAC will be valid for 6 years once it is approved and we can again invoke my h1b under cap exempt when ever we want. Is it true? How can we do that if the employer does not provide the receipt number? And also I am planning to travel to india in June month. If i go to india i have to go for H4 stamping since my husband's visa got renewed. I have some questions here.

If i go to india and go for stamping on H4 my h1b will get void? After coming to usa can't i use my h1b which is approved? Please let me know what can i do in this case?

You can go ahead and get H4 stamped I dont see any issues, as long as your husband is maintaining valid status. But if you want to move to H1 you need the approval notice or receipt number without which it would not be possible.

This is my opinion not legal advice.

[Garima Chandra]

You do need the H1 receipt number without which you can't apply for COS from H4 to H1.