H1 to H4 approved and H1 extention approved

[mahadevi]

Hi,

My husband got laid off on August 31st.But he had given three weeks time (leave of absence without pay)to search for a new job.Since the market is really slow, we applied for H4 (I am on h1) on 8/7(the last payment he received on 8/7) and got approved on 8/31(his last working day).His employer applied his extn in June '2009 and got approved on September 2nd.He is not working for them anymore.

What is his status now? We are really confused.He sent an email to his attorney and they asked him to wait until they receive the notice.

Please give your valuable inputs.

Thanks

[txh1b]

Based on last action rule, his status is H1b. He needs to leave the US immediately and return on a H4 visa stamp. He can get it stamped in a third country like Canada/Mexico.

[mahadevi]

Hi,

Thanks for your reply..

Making doubly sure..I checked with my company immigration department and they are saying that he is on H4.Because he is not working with his employer anymore.This is what really confusing us.But we are waiting on my husband's company attorney reply.He is interacting with his attorney and HR folks.They asked him to wait until they receive approved notice.

Is he on H4?

Thanks

[txh1b]

No, he is not. Just becuause he is not working on a H1b does not mean he is on H4. If he is not working on a H1b, he is out of status now and will be illegal soon.

Read about last action rule.

[mahadevi]

Thanks again!!

My husband's company attorney replied back stating that he can stay legally until they receive the approved notice .They said that they will review it and let us know the status as soon as possible.So we are just waiting for the notice.My company attorney still says he is on H4.

[txh1b]

Whatever... You don't seem to get the point.