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H1 to H4 Queries

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  • H1 to H4 Queries

    Hi
    Currently I am working for Company A on H1b visa valid till 2013.(I 94 also the same).
    Due to some personal reasons, I am planning to stay away from wok. So I have given notice to my company saying that I will be resigning soon and I applied H4. But still I didn’t resign from the company.
    I have seen USCIS site my H4 application status in online as “Initial Review”. I have some questions regarding this.
    1) When can I stop working?
    2) Until my H4 is approved I am in H1B status so I have to work and getting paid to avoid “out of status” correct?
    3) When will be the starting date of my H4 visa? Will it be the application date?
    4) If so what will happen to my working days until I got the approval?( since I am working and getting paid) Will it be considered as illegal? Will this cause any problem in future?

    Experts, please help.
    Thanks

  • #2
    Originally posted by mail2pgs View Post
    Hi
    Currently I am working for Company A on H1b visa valid till 2013.(I 94 also the same).
    Due to some personal reasons, I am planning to stay away from wok. So I have given notice to my company saying that I will be resigning soon and I applied H4. But still I didn’t resign from the company.
    I have seen USCIS site my H4 application status in online as “Initial Review”. I have some questions regarding this.
    1) When can I stop working?
    Anytime before H4 gets approved.
    2) Until my H4 is approved I am in H1B status so I have to work and getting paid to avoid “out of status” correct?
    No, once COS is received by USCIS (you get the receipt), you do not need to maintain H1 status. However, if you leave the job and COS gets denied, then you are out of status.
    3) When will be the starting date of my H4 visa? Will it be the application date?
    It will be approval date.
    4) If so what will happen to my working days until I got the approval?( since I am working and getting paid) Will it be considered as illegal? Will this cause any problem in future?
    Does not matter, see above.
    Experts, please help.
    Thanks
    See above.
    This is my opinion and not legal advice.

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