H1 to H4 Conversion

[srinath2003]

Hi All,

Please guide me on this scenario:

My wife came to USA on H4 in Aug 2007 but her H1 was filed on Apr 2007 quota before she came to USA. Once she is in US, her company changed her status from H4 to H1 and she got her I-94 around May 2008 (long delay). Currently, from past 5 months, she is not in job and economy is getting more worse.

Her company (even I am from same Company) asking me to convert her again from H1 to H4 for few months (may be 6 months) till the market becomes better.Once the market becomes better or she gets job, they are planning to convert her back from H4 to H1.They say that her H1 will not get cancelled and she can use it later.This way we don't need to worry about generating her paychecks or status and they are not cancelling her H1 Visa.

My question is:
1) Once she converts back to H4, Can she go back to her previous H1 later as company mentioned?

2) If so, once she is back on H4, if she visits India, does she need to get stamped again as she already have H4 Visa stamping but not her H1 Visa stamping as she converted in USA?

Please throw your input.

Thanks,
Srinath

[DMX17]

My wife came to USA on H4 in Aug 2007 but her H1 was filed on Apr 2007 quota before she came to USA. Once she is in US, her company changed her status from H4 to H1 and she got her I-94 around May 2008 (long delay). Currently, from past 5 months, she is not in job and economy is getting more worse.

I think your wife is out of status for last 5 months if she did not work. Change of status to H4 requires that she maintained H1 status and she did not.

[srinath2003]

But from past 4 months, her company generated paychecks. Now, she is having pay checks for past 4 months except current month. Her company didn't want to take risk and os they generated to maintain her status.

I don't want to pay the taxes for her paychecks and so her company suggested this idea.

Thanks,
Srinath

[txh1b]

But from past 4 months, her company generated paychecks. Now, she is having pay checks for past 4 months except current month. Her company didn't want to take risk and os they generated to maintain her status.

I don't want to pay the taxes for her paychecks and so her company suggested this idea.

You and your company are both part of a BIG TAX and IMMIGRATION FRAUD!!!!! If caught, you will face deportation along with the company and possibly you ending up behind bars.

[bhasker_22]

H4 Reentry

Hi Srinath,

We are also in same boat.She can go to her H1 status upto 6 yrs.

here my wife scenario.
she got her H4 visa stamping in india which is valid upto sep,2009.when she was in India her H1 picked up for year 2007,It's Approved in Dec'07.She entered USA on H4 in feb'08 and Applied Change of Status to H1.got I-797 with a new I94 Valid from 02/18/2008 to 09/20/20010.1.Now She working for her employer
1)If she want to go for India Can she comeback on H4 which is valid upto sep'2009? 2)Does she must have H1 stamping in her Passport to enter into USA?

Send me a mail to [email protected] or call me @ 617-365-9872.
will discuss.

Thanks
Bhasker