H1 to H4

[sweety121]

Hi,

I'm on my H1b visa and wanted to transfer to H4 for some personal reasons and I also dint get a project since feb, I worked for a year on my H1 visa. I'm going to India on may 10th and my employer informed me yesterday that I need to file my H4 and I already took the visa appointment on May 13th in India for H4 visa. And when I was reading online, I read that while changing status, if the person goes out of country, USA has the right to dismiss the application. Is that true? Is it safe for me to go to India. I'm anyways going for H4 visa Interview and will file H4 today and can take the USCIS receipt number. Please tell me if I can file it in premium so that my status would be changed a little earlier before I start for my trip. Please help me in answering my questions. Thank you.

[raghvi]

Hi,

I'm on my H1b visa and wanted to transfer to H4 for some personal reasons and I also dint get a job since last Dec, I worked for a year on my H1 visa. I'm going to India on may 10th and my employer informed me yesterday that I need to file my H4 and I already took the visa appointment on May 13th in India for H4 visa. And when I was reading online, I read that while changing status, if the person goes out of country, USA has the right to dismiss the application. Is that true? Is it safe for me to go to India. I'm anyways going for H4 visa Interview and will file H4 today and can take the USCIS receipt number. Please tell me if I can file it in premium so that my status would be changed a little earlier before I start for my trip. Please help me in answering my questions. Thank you.

So you are in H1 status since Dec but not getting paid? That will make you out of status since Dec.

If you are going to India and going to attend H4 stamping, it doesnt make sense to file a Change of Status to H4 while being in US. And as it is since you are out of status the Change of Status to H4 while being in US will eb denied. Also there is no premium processing for H4.

No need to file H1 to H4 while in US. Go attend the H4 visa interview as you planned in India on 13-May-2014. Hopefully you would not face any issue in H4 stamping.

This is my opinion not legal advice.