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Considering the many scenarios of H4 - H1B (no paystubs, laid off) - H4, I had a question regarding this. Seniors, kindly advice.
If a person who initially came on a H4 visa, later converted to H1B and wants to move back to H4 visa status (and that the initial visa stamp on the passport has expired), that person should either file for a COS from H1B to H4 in the US (which has a high rate of rejection) or leave the US to get a new H4 stamp based on the principal applicant's H1B.
But, if the initial H4 visa stamp has not expired on the passport, can the person just return to the US with a copy of the principal applicant's H1B petition?
This way the person gets a new I-94 with an expiry date and Classification as H4 even though there has been a violation of H1 law. Am I interpreting this correctly?
Thanks
Rajesh
If a person who initially came on a H4 visa, later converted to H1B and wants to move back to H4 visa status (and that the initial visa stamp on the passport has expired), that person should either file for a COS from H1B to H4 in the US (which has a high rate of rejection) or leave the US to get a new H4 stamp based on the principal applicant's H1B.
But, if the initial H4 visa stamp has not expired on the passport, can the person just return to the US with a copy of the principal applicant's H1B petition?
This way the person gets a new I-94 with an expiry date and Classification as H4 even though there has been a violation of H1 law. Am I interpreting this correctly?
Thanks
Rajesh
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