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H4 or H1B status

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  • H4 or H1B status

    I have a question related to the visa status.
    My H1B visa extension process is currently going on with USCIS since 2016 and I had to travel to India on March 21st 2017 as the 240 day limit post my I94 expiry date was on 1st April 2017. Meanwhile I am on leave and I applied for H4 visa which got approved post the regular interview process.

    Question :

    1. Now if my petition for H1B extension also gets approved during my stay in India before my travel, which status will I be in - H4 or H1B?
    2. If I would want to go back on H4, do I need to go through the same process as before?


    Thanks

  • #2
    Originally posted by subfrn View Post
    I have a question related to the visa status.
    My H1B visa extension process is currently going on with USCIS since 2016 and I had to travel to India on March 21st 2017 as the 240 day limit post my I94 expiry date was on 1st April 2017. Meanwhile I am on leave and I applied for H4 visa which got approved post the regular interview process.

    Question :

    1. Now if my petition for H1B extension also gets approved during my stay in India before my travel, which status will I be in - H4 or H1B?
    2. If I would want to go back on H4, do I need to go through the same process as before?


    Thanks
    1. You do not have either once outside US.
    2. In order to enter US in H4 status, show your valid H4 visa at POE.

    This is my opinion not legal advice

    Comment


    • #3
      Originally posted by raghvi View Post
      1. You do not have either once outside US.
      2. In order to enter US in H4 status, show your valid H4 visa at POE.

      This is my opinion not legal advice

      1. I mean to ask if I want to enter U.S then will I be able to use my approved H4 visa or do I need to get my H1B stamped (if my extension petition gets approved during my stay in India) before entering United States?

      2. In order to enter US in H4 status, show your valid H4 visa at POE.

      --- Here my question was that if H1B extension petition is valid then in order to go back to H4, do I need to file for H4 again? Or is there any other process?

      Comment


      • #4
        You can either get H1 stamped and enter on H1, or enter on the stamped H4 and file for COS from H4 to H1.
        Just an opinion; Not legal advice.

        Comment


        • #5
          Originally posted by scientist2016 View Post
          You can either get H1 stamped and enter on H1, or enter on the stamped H4 and file for COS from H4 to H1.
          Thank you !

          Comment

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