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What status I'm on right now?

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  • What status I'm on right now?

    Hello,

    I have H4 visa which is valid till 5/26/2018. An employer sponsored H1 (as COS) for me in April, 2016 and it was approved on 12/7/2016 after a RFE. I left the states on 12/15/2016 and entered back using existing H4 visa on 1/10/2017. My online I-94 shows Class of Admission as 'H4' and is valid till 6/6/2018. My H1 was approved as COS and it has I-94 attached to it which is valid from 12/7/2016 - 12/1/2019. I have let that employer know that I can't join them right now for personal reasons.

    Here are my questions:

    a) I would like to confirm what status I'm on right now?

    b) I believe I was out of status between 12/7 - 12/15. Can that be a problem in any future application?


    Thank you for your time!
    Last edited by takentaken420; 01-13-2017, 06:38 PM.

  • #2
    I think they admitted you incorrectly as H1. You should be admitted as H4 as you entered on an H4 visa. You should go to a CBP deferred inspection office to have them correct it.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      I think they admitted you incorrectly as H1. You should be admitted as H4 as you entered on an H4 visa. You should go to a CBP deferred inspection office to have them correct it.
      I'm sorry, I meant to write Class of Admission is 'H4' on online I94. I want to confirm that I'm on H4 status now and my H1-I94 which was approved on 12/7 has been cancelled.

      Comment


      • #4
        Then it's right.

        "Status" is something that you only have when you are in the US. When you leave the US, you no longer have status. What status you had on a previous stay no longer matters. When you enter, you get the status corresponding to the visa you use to enter, which is H4. The only way to enter into H1b status is if you enter on an H1b visa or you do Change of Status in the US.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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