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H4 to H1 to H4...no time left please..

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  • H4 to H1 to H4...no time left please..

    Hi,

    I am currently in India. When I was in USA on H4 I applied for my H1 (H4 to H1) which is approved and got new I 797A with I-94 but I do not want to work now, so recently I went for H4 renewal with my husband new company's H1b docs(My husband recently had his h1 transfer) and got H4 stamped with the new validity date. My question to gurus is

    1. If I enter into US after Oct 1st (not before?) with my new H4 visa then I will be on H4, am I correct? And I have to apply for H4 to H1 COS after entering into US if I want to work?
    2. If I want to use my currently approved H1 after 1 yr (by having h4 to H1 COS) would there be any problem?

    Thank you for your replies...

  • #2
    H1 and H4 issues

    I am currently in India. When I was in USA on H4 I applied for my H1 (H4 to H1) which is approved and got new I 797A with I-94 but I do not want to work now, so recently I went for H4 renewal with my husband new company's H1b docs(My husband recently had his h1 transfer) and got H4 stamped with the new validity date. My question to gurus is

    1. If I enter into US after Oct 1st (not before?) with my new H4 visa then I will be on H4, am I correct? And I have to apply for H4 to H1 COS after entering into US if I want to work?

    ---- Yes

    2. If I want to use my currently approved H1 after 1 yr (by having h4 to H1 COS) would there be any problem?

    ---- The employer who sponsored your H1 should still have a job for you and be willing to accept you as an employee

    Subramanya

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    • #3
      Thanks for reply and one more question

      Got it and Thank you again for your reply.

      I have one more question and appreciate the replies.

      My husband's current employer says that when I had my H4 renewal stamping at US embassy it automatically extended my H4 and there is no need to apply for H4 extension in US (I think this submitting I-539 for H4 to H4 extn) again with USCIS. is that correct?

      Comment


      • #4
        H4 queries

        Got it and Thank you again for your reply.

        I have one more question and appreciate the replies.

        My husband's current employer says that when I had my H4 renewal stamping at US embassy it automatically extended my H4 and there is no need to apply for H4 extension in US (I think this submitting I-539 for H4 to H4 extn) again with USCIS. is that correct?

        ---- What is this question about? It is not clear and not worded properly

        Subramanya

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        • #5
          Please reply...

          Hi Subramanya,

          Let me put it the other way.
          I recently got my second time H4 visa stamping in India with my husband's current Company H1 docs (like I said earlier my husband had his H1 transfer) and got new H4 visa stamped in the paassport. My question is after I enter into US on H4
          Do I need to get my H4 extension applied in US again by my Husband's H1 employer? or

          No need for any H4 extn in US as my recent H4 visa extension/stamping ( Second time H4 stamping in India) would suffice?

          Thanks,

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          • #6
            It still isn't clear on what you are trying to convey to the forum.

            H4 status once inside US is as per the I-94 date. If the I-94 is valid, no further extension is needed until close to the expiration as long as your husband is on H1 status (Company does not matter).

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              My husband's current employer says that when I had my H4 renewal stamping at US embassy it automatically extended my H4 and there is no need to apply for H4 extension in US (I think this submitting I-539 for H4 to H4 extn) again with USCIS. is that correct?
              Your H4 Visa stamp allows you to enter US on H4.
              While entering into US, show your husband's new H1 documents and they will give you the I94 with new date (till your husband's petition is valid). You don't need to apply for H4 extension.

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