Which i-94 to be given(H4 or H1)?

[raj0704]

My wife came to US in '06 on H4 and its going to expire in april '09.
She applied for H1 in 2007 and not yet stamped.Now she's planning to go to home country and enter with H4 stamping.

1)Which I-94 to be given during exit(I-94 pinned in passport for H4 or I-94 that comes in I-797 form of H1)?

2)I was told that unless she surrenders the H1 i-94 the USCIS will not be updated about it and though she's out of country her H1 time clock is not stopped.Is this true? Will this a problem during her H4 stamping?

3)Does she need to get the termination letter from her employer before leaving the US though she might enter US using H4?

[Subramanya]

My wife came to US in '06 on H4 and its going to expire in april '09.
She applied for H1 in 2007 and not yet stamped.Now she's planning to go to home country and enter with H4 stamping.

1)Which I-94 to be given during exit(I-94 pinned in passport for H4 or I-94 that comes in I-797 form of H1)?

---- Submit both the I-94's. This will enable the USCIS to know that you held H4 as well as H1 and you have left the country

2)I was told that unless she surrenders the H1 i-94 the USCIS will not be updated about it and though she's out of country her H1 time clock is not stopped.Is this true? Will this a problem during her H4 stamping?

---- It may not be a problem during H4 stamping.

3)Does she need to get the termination letter from her employer before leaving the US though she might enter US using H4?

---- No

Subramanya

[txh1b]

If she has not worked on H1 and not got paid for it, she has been out of status since the date of COS. It is a huge problem in the future. Contact an attorney.

[raj0704]

thanks guys for replying...
she has pay stubs all the months except now.. can u explain how can this be a problem in future if she missed few pay stubs though she converts to h4 now?
Does this effect my GC processing when i apply together ?

[txh1b]

She cannot convert to H4 in US as she has been out of status. Travel and return on H4 may work but it still does not remove the out of status period.

[Sneha123]

l1 to h4 needs to travel

I was on l1 have applied for change of status to h4 which was approved as shown in site .I have the i-94 of l1 on my passport but due to emergency I have to travel back to India.my change of status is approved but receiving documents will take 15 days.and I have to travel can it create any problem as i would be going for stamping while cmg back.....I will carry the approval notice fr stampg as it can send fr here later on
plz help

[Sneha123]

l1 to h4 i need to travel asap

Can you please advice

I was on l1 have applied for change of status to h4 which was approved as shown in site .I have the i-94 of l1 on my passport but due to emergency I have to travel back to India.my change of status is approved but receiving documents will take 15 days.and I have to travel can it create any problem as i would be going for stamping while cmg back.....I will carry the approval notice fr stampg as it can send fr here later on
plz help

My wife came to US in '06 on H4 and its going to expire in april '09.
She applied for H1 in 2007 and not yet stamped.Now she's planning to go to home country and enter with H4 stamping.

1)Which I-94 to be given during exit(I-94 pinned in passport for H4 or I-94 that comes in I-797 form of H1)?

---- Submit both the I-94's. This will enable the USCIS to know that you held H4 as well as H1 and you have left the country

2)I was told that unless she surrenders the H1 i-94 the USCIS will not be updated about it and though she's out of country her H1 time clock is not stopped.Is this true? Will this a problem during her H4 stamping?

---- It may not be a problem during H4 stamping.

3)Does she need to get the termination letter from her employer before leaving the US though she might enter US using H4?

---- No

Subramanya