Urgent situation, would h1 be revoked??

[visaseeker03]

Hello All,
here are my case details, please help me.
- I am on a H1 visa and my H1 visa and I-94 are expiring on Sep 30th 2007.
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007.
- A contracting agency had filed for her H1 visa and she received her H1 approval notice with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- My employer has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.

I am hearing from some people in the forum that since here H4 visa extension is filed, this would cause her H1 to be revoked. Can you please suggest me what would happen in the case as she wants to work for sometime. If its going to be a problem, what are the alternative steps i can take.

Regards
Visa seeker

[waitin_toolong]

H1 is not revoked but she is not on H1 status and cannot work till she leaves the country and reenters with H1 stamp.

Even if the H4 extension had not been filed for she would have had to do the same as COS was not filed

[visaseeker03]

Thank you for your message.

I would like to know if anyone had this experience, because we don't want to lose the chance to work on H1. We both want to stay together for some more time till Dec/Jan before she starts working. Just wanted to make sure of this.

Is there a option to start working without leaving the country and getting a H1 visa stamped. I heard from some folks that if the person is already in US on another status we could perhaps file for a amendment or a change of status to start working in US.

[waitin_toolong]

if she does not want to travel then she will have to apply for COS to H1 using the approved H1. Unless the H1 application specifically mentioned that you will have to go abroad for interview. This can also be done by visiting Canada/Mexico.

But till you actually have an I-94 showing that the status is H1 she cannot work. Just filing for COS will not allow her to work. COS can take anywhere between 6-9 months.

[visaseeker03]

waitin_toolong, Thanks for your reply. It gives me more clearer picture. But would like to clear all my doubts and use the best path so that she legally be in status in US and start working in US from Nov without need to exit US and get stamping.

* Consultant ABC employs me and same consultancy ABC holds her approved H1 petition. My H1 extn and her H4 extn were filed concurrently in July 2007 end and both have received receipts of applications. Now would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1?
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, we would have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval.
* Can the employer file for I-129 to amend the status of stay from H4 visa to H1 visa?

[visaseeker03]

Subramanya or waitin_toolong, Please post some solution to my problem

[Subramanya]

H4 and H1 issues

Thanks for your reply. It gives me more clearer picture. But would like to clear all my doubts and use the best path so that she legally be in status in US and start working in US from Nov without need to exit US and get stamping.

* Consultant ABC employs me and same consultancy ABC holds her approved H1 petition. My H1 extn and her H4 extn were filed concurrently in July 2007 end and both have received receipts of applications. Now would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1?

---- YOu can file for H1 and H4, ther is nothing wrong in that. Later you choose which one you want. However, you should have the appropriate I-94

* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, we would have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval.

---- COS may be granted but you will not get the I-94. This has to be obtained only by going out of the country and/or by travelling overseas. Filing I-539 does permit a person to stay in the country till there is a decision on the case

* Can the employer file for I-129 to amend the status of stay from H4 visa to H1 visa?

---- Once again they may do so, but the question is of I-94 and not COS from H4 to H1

Subramanya

[waitin_toolong]

I have just one thing to add when COS is granted it usually comes with i-94. i dont know why Subramanya says she will not get i-94. That is the whole meaning of COS.

sometimes when COs is filed as part of new H1 application then it comes without i-94 because even though H1 was granted the COS was not. In that case stamping is a must.

But in this case if COS is granted ... it will come with I-94. But I dont understand that if your wife wants to works why does she want to wait till COS is approved. It would be better to get H1 stamped and get the status by entering using h1.

[Jenny2007]

Urgent help needed for COS to H4

Hello,

I am currently in US,planning for status change from H1 to H4.I had an H1 transfer done few months back and have not received any pay stubs or tax forms from my employer,since I was on bench.
I am also holding my EAD and my GC is in progress.

Can you please let me know,
1) if My H1 details along with pay stub will be needed for the change of status application? Since there is no way to get the pay stubs, I am stuck with this employer even though I want to transfer to H4.
2)will the GC and EAD be affected in case of any issues?
3)what should I do if I am asked for the pay stubs?
4) what are the documents needed for change of status other than ones mentioned below?
a) form I-539.
b) My husband's H1 documents,pay stubs,I129,
c) my H1 petition.
d) both the passports.
e) both I94.
f) marriage certificate.

thank you,
Jenny