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Hi,
I came to US last year on H4 and have received H1-B approval which becomes effective October 1, 2008. I have the original I-797 which has I-94 attached at the bottom. Unfortunately, because of personal health reasons I cannot start working and would like to come back to H4. However, I understand that I will be on H1 status starting October 1, 2008 and if I dont want to start work I have to change my status to H4 to be in legal status. Can you please suggest how can I do that?
The options I see are:
Option 1. Apply COS using I-539 which that takes 3-4 months. Can I do that before October 1 or I can do that only after Oct 1, 2008?Also, since i wont start working, i wont have paystubs. So can i still go for this option?
Option 2. Leave US and enter again on October 1, 2008 or October 2, 2008 on H4. Will that change my legal status to H4? Also, do I have to leave US before Oct 1, 2008? or i can leave on Oct 1, 2008 go to Mexico and enter US on Oct 2, 2008.
Please if anyone can provide any help, I would be really grateful.
I came to US last year on H4 and have received H1-B approval which becomes effective October 1, 2008. I have the original I-797 which has I-94 attached at the bottom. Unfortunately, because of personal health reasons I cannot start working and would like to come back to H4. However, I understand that I will be on H1 status starting October 1, 2008 and if I dont want to start work I have to change my status to H4 to be in legal status. Can you please suggest how can I do that?
The options I see are:
Option 1. Apply COS using I-539 which that takes 3-4 months. Can I do that before October 1 or I can do that only after Oct 1, 2008?Also, since i wont start working, i wont have paystubs. So can i still go for this option?
Option 2. Leave US and enter again on October 1, 2008 or October 2, 2008 on H4. Will that change my legal status to H4? Also, do I have to leave US before Oct 1, 2008? or i can leave on Oct 1, 2008 go to Mexico and enter US on Oct 2, 2008.
Please if anyone can provide any help, I would be really grateful.
