H4 expired

[merri]

my sister's H4 expired in June. She is going back to India only in September for the visa stamping. She already received the approval for visa extension. will it be a problem when she leaves US. Will it be she has overstayed illegally
for 3 months eventhough she has the visa extension approval with her. Will any questions be asked at port of leaving?

[orion]

If she applied for extension before her I-94 expiration date then she is fine. Leaving in sept for visa stamping wouldbe fine.

[bramaramba81]

L1 to H1-B conversion very urgent

My husaband came to US on feb 18 th 2008 on L1-B visa and he is in US now and it is valid till 2010

he appiled H1-B this year march 2008 and got selcted in the lottery and the appoval and the documents also will come in another 1 week

but suddenly the L1-B company has asked him to came back to india as the project is over

If he goes to india i guess he need to H1- stamping and has to come here again. But we are not interested to take risk of H1-B stamping in India

please help me for the following question

1) Is there any possibility to stay with the H1-B as we got the approval. what are possibilities to stay here untill the october 1st 2008

[orion]

There is no possibility if his employer does not support his stay here, he will be out of status till 01OCT.

[txh1b]

There is a remote possibility with associated risk. Before the last day of L1/L2 status or job, you could apply for a COS to B2 visitor visa. You have 3 months of Gap between L1 and H1 and if B2 COS gets approved before Oct 1st, you will be fine as your status will still change to H1 on Oct 1st due to last action rule.

If B2 gets approved after Oct 1st, you are not on H1b and cannot work unless you have another COS from B2 to H1b approved or a H1b visa stamp outside and re-entry.

If B2 gets denied, you would have accumulated out of status perioed which will cause further problems.

Talk to an attorney on what your approach should be.

Personal opinion from me, just go back and come with a new H1b visa when it is time. If you have a genuine H1b, there is nothing you should be afraid of.

[rajubuthi]

H4 visa issue..

Hello,

Recently, I have transfered my H1B to a new company 'B'.

My wife is on H4 and the Attorney suggested not to include her name in the H1B transfer process to the new company('B') as her I-94 is valid untill 2010. I have few concerns if someone could give some info.. that would be greatly appreciated.

a) As her visa has already expired, she needs to go for stamping during her next visit to India in Sep.. Will this create any problem as she doesn't have the new approval notice from company 'B'.She has the approval notice from my previous company 'A'.

b) As a primary applicant, my visa has also expired. In this case, can she go alone to India and go for stamping or my visa should be stamped first in order to get her?


Thanks,
Raju