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Hello,
my h4 expired last year i.e.,Oct 2015. But before that itself in the month of Apr 2015 we filed h4 to h1 transfer (2014 h1 intially got approved and in Sep,2014 came back went to india and came back on h4 to us which is valid as above mentioned Oct 2015.)
Its been more than a year since we filed h4 to h1 transfer(almost from Apr 2015) and in the month of Oct 2015 we answered the RFE where there is no update till date from USCIS. When we approached USCIS they said still in process.
So, here my questions are:
1. Am i belong to out of status or unlawful presence as my h4 expied and h4 to h1 process already crossed more than 240 days?
2. Can I go to any other country or only home country for h4 Stamping(as i want to move back to h4 status) and will there any complications if i travel to india while my h4 to h1 is in process? And what are the chances of getting H4 now?
3.As i filed my h4 to h1 and started working with receipt number and still getting paid every month regularly. At this stage after one year of h4 to h1 process can i file h4 and can i ask my employer to revoke my h1, will it affect in any manner in the future? When shd i stop working in this case?
Please suggest the best possible option.
my h4 expired last year i.e.,Oct 2015. But before that itself in the month of Apr 2015 we filed h4 to h1 transfer (2014 h1 intially got approved and in Sep,2014 came back went to india and came back on h4 to us which is valid as above mentioned Oct 2015.)
Its been more than a year since we filed h4 to h1 transfer(almost from Apr 2015) and in the month of Oct 2015 we answered the RFE where there is no update till date from USCIS. When we approached USCIS they said still in process.
So, here my questions are:
1. Am i belong to out of status or unlawful presence as my h4 expied and h4 to h1 process already crossed more than 240 days?
2. Can I go to any other country or only home country for h4 Stamping(as i want to move back to h4 status) and will there any complications if i travel to india while my h4 to h1 is in process? And what are the chances of getting H4 now?
3.As i filed my h4 to h1 and started working with receipt number and still getting paid every month regularly. At this stage after one year of h4 to h1 process can i file h4 and can i ask my employer to revoke my h1, will it affect in any manner in the future? When shd i stop working in this case?
Please suggest the best possible option.
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