H4 Visa renewal with H1B Approval

[lavanyakm]

Hi,

I am on H4 status now, and I want to go to India for couple of weeks. I have to go to my H4 renewal stamping in India. I have my H1B approved for 2008, I am pregnant now and I am not planning to switch my status for atleast 4 months from now. Will the consulate question me about my H1 when I go for my H4 stamping?

I want to be prepared to their questions. I can explain my condition to them, but I want to know what to answer to questions like "Will your employer be willing to take you on H1 after 4 months? Will they have projects by then? etc.."

- lavanya

[txh1b]

Was your H1b approval a change of status? I797A or B? If a COS, you are already on H1b from Oct 1st and should be working.

If it is NOT a COS, your H1b petition has got nothing to do with H4 renewal. It is your choice.

[lavanyakm]

Yes My H1B approval is a change of status. Will I have questions about my H1B during H4 renewal interview?

Was your H1b approval a change of status? I797A or B? If a COS, you are already on H1b from Oct 1st and should be working.

If it is NOT a COS, your H1b petition has got nothing to do with H4 renewal. It is your choice.

[txh1b]

You will have problems as you are not getting paid and not maintaining your status. It has to be declared in your DS156 and can result in misrepresentation if you say you have not violated your status.

[lavanyakm]

I have informed my employer before october that I can't work immediately. I have given a letter stating that I can't work due to medical reasons. Is there anything that I can do to avoid complications during my H4 visit?

I spoke to my employer, they say that I won't have any problem, just go for H4 renewal and not for H1. Come back to US with the new H4 - I94 and then they can do the ammendment later for my H1.

You will have problems as you are not getting paid and not maintaining your status. It has to be declared in your DS156 and can result in misrepresentation if you say you have not violated your status.

[txh1b]

OK. Your choice. It is YOU that is out of status and has more to lose than the employer that can suggest all sort of illegal things.