H4 to H1 Questions

[sincanvin]

Hi,

Actually, my wife came to US on H4 visa in May 08 and then later she got her H1 visa approved in Dec 08. She got her H1 stamped in Dec 08 but her H4 visa was not cancelled during the process. H4 Visa is still there without any cancellation stamp.

1. Does this mean her H4 visa is still valid?

She entered to US on H1 in Jan this year but due to slow economy she is not getting any project and is without any earning since Jan this year. Pl. answer the following questions

1. Can she go out of the country and come back again on H4 visa? If she does this will her H1 expire or she can use it in future when market improves.

Pl. give your suggesstions.

Thanks,
Vineet

[kabkaba]

Yes, she is out of status, she should get back to H4 asap. How do you know that the visa was cancelled? Who cancelled it? If there is no cancellation on the passport, then there is no cancellation and she can use it. She will need your petition and proof of you being in status while returning.

[ritrathod]

kabkaba,

Can you please guide me? I am also going from H1 to H4 (going to india and getting H4 stamp). Whenever I want to come back on H1B later, will I need any paystubs from my previous job?

Thanks,
Rita

[sincanvin]

Thanks for the response.

If she goes out of US and come back on H4 then what will be her status of H1. Does this mean she can keep her H1 alive also and file COS in future to work on H1.

Thanks,
Vineet

[kabkaba]

Thanks for the response.

If she goes out of US and come back on H4 then what will be her status of H1. Does this mean she can keep her H1 alive also and file COS in future to work on H1.

Thanks,
Vineet

Yes, unless the employer does not cancel the petition, it remains. But, she will have to prove that she has a legitimate job. This out of status period is also not erased from her record, it may affect future GC etc.

kabkaba,

Can you please guide me? I am also going from H1 to H4 (going to india and getting H4 stamp). Whenever I want to come back on H1B later, will I need any paystubs from my previous job?

Thanks,
Rita

It is totally up to USCIS. They may ask for it in RFE.

[ankita2101]

Thanks for the response. She has the pay stubs for the period of her stay on H1.

That mean she can go out of the country and come back again on the existing H4 visa with new I94 and this will keep the H1 visa alive (if employer does not revoke it) the way it happens in COS to H4 and can be used in future when market improves.

Does she need to do formalities with USCIS to get this done?

What kind of documents she needs to enter back to US on H4? Does she need to prove she was never out of status on H1 and she was working during the period i.e. Pay Stubs, Employment letters.

Pl. guide.

Thanks,
Vineet

[ankita2101]

While coming back on H4 at First Port of E ntry in US does she need to prove her H1 status for the period she was on H1. I mean does she need to carry paystubs and any other documents from her employer before travelling.

[kabkaba]

Carrying proof will not hurt if you have it, otherwise why ask?