Very Urgent: having valid H1B and H4 petitions but previous h4 stamping expired may09

[mjorige]

Dear Senior members,

Let me explain my situation clearly to u.

-I came to US on H4 in june'07. That visa was valid till May'09.

-I was approved H1B in oct '08 and now have a H1B petition valid till Oct'11. I was blessed with a baby in the mean time,so I have not started working yet.

-My husband had his H1B transferred in dec'08 and applied for my h4 transfer as well.I recieved my new H4 petition which is valid from may '09 to nov'11

-Now i have to travel to india in november. Since i dont have valid stamping on my passport rite now, I must get my stamping done in India in order to return to US. But then i can get only my h4 stamped because i havent started working yet though i have H1B petition.

Now please let me know if my H1b petition will still be valid when i get h4 stamping done in India?

can i come back to US and start working from jan'10 ? if so what are the requisites to change my status from h4 to H1b?

I also heard tht once i got a new h4 petition while i already had H1b petition, My h1b will no longer be valid. Is it true?

I am in a totally confused and frustrated situation. Please help me out. Please let me know if my h1b is still valid? is ther a way i can travel to india this november? what should i do to keep my h1b active and start working from jan '10?

Hope to see a quick reply from you.

Thanks a lot,
Madhuri

[txh1b]

Please read the FAQs and other similar posts.

You were out of status for not working on H1b after a COS which will come back to haunt you later on.

If you return on H4, your H1b petition remains valid but your employer has to amend it and get it approved before you can work again.

[mjorige]

Thank you for immediately reply dear txh1b

But i was never on H1b. still i could have gone out of status?

please let me know if i go for h4 stamping this november in India can i start working on h1b from next year by just filing an amendment? or will that again fall under the cap of h1b of 65k?

kindly reply

thanks

[txh1b]

If your H1b was a Change of status from H4 and was approved with an attached I-94 (I797A), you must begin working and getting paid to be in status.

Read the FAQs for the rest of the answers.