H1 to H4 denied

[PR1628]

I got H1 on Oct 2008. Due to ankle sprain, I dint start the work and dont have any pay slips. applied for COS to H4(also gave my doctor certificate) and it got denied. I have my H4 stamping till May 2010. what will be my current status to stay in this country ? what are the further steps to get my H4 back?

Thanks in advance.

[sk4ih]

H1 to H4 is denied means you're on H1 (if H1 is not yet canceled by your employer).

To get H4 back, simply leave US and reenter on H4.

[PR1628]

Hi,

Thanks for the immediate reply. I checked with my employer and came to know that they revoked my h1 after I applied for COS to H4. If I go out of the country and re-enter do I come on H4? or do I need to apply for new H4 process?

Currently I have H4 stamped and I-94 till end of 2010.

While leaving the port of entry, which I-94 I should provide? I am assuming it should be my h4's I-94.

While coming back can I use the existing H4 stamp and get the new I-94?

Thanks in Advance.

[sincanvin]

Yes, you can come back on the existing H4 stamp if it is not cancelled by the US Embassy. My wife did the same thing last month. There is no issues with that.

[PR1628]

Hi Sincanvin,

I am planning to travel to India and to re-enter to US
after 2 months(planning to check my ankle sprain), my concern is that while entering US if they check my status it will be updated as H1 as it
is carried forward from H4-I94 to H1-I94. So I anticipate there might be complications while entering.

or is it safe to travel to mexico and come back on H4(valid till Nov 2010) within a day or two ?

As you said your wife did the same, how long she stayed outside, before re-entering US ?

Also please check your inbox. Thanks in advance.

[pk111]

PR1628,
Did you hear anything from Sincanvin ? I am in the same boat as you.
I just want to know what I-94 to submit before leaving US.
I would appreciate if you could post the response from Sincanvin or email me.

Thank You

[PR1628]

I came to know while leaving you have to provide all I-94's. and its better to have a copy also.

[njny]

Hi Frnds

I am in the same situation, my employer recently applied for my COS H1-H4, got RFE aksing for my recent pay stubs,which I don't have.
I came on H4,applied for H1 B ,it started from Oct'07. i have my pay stubs from Oct'07-Dec'08.

My H4 visa is valid till Oct 2009, so can I go back to home country and come back on my current valid H4 visa.

btw how do we know whether us embassy canceled our H4 or not?

Please advice me guys

Thanks

[sk4ih]

When you apply for H4-H1, your H4 status is gone.

If you can't supply required documents(pay stubs etc), you have to leave the country and can reenter with H4 visa.

You can get H4 as long as your spouse is in valid H1 status.

[njny]

sk4ih,

Thanks for ur reply, My important question is,

I have a valid H4 visa(I94) until 10/01/2009, so can I come back on the old valid H4 visa without attending an interview again.

Becoz I didn't get my H1 stamped.

Thanks

[pk111]

njny,
I think the answer to your question is yes. Since you already have a valid H4 stamp in your passport, you don't have to go to the embassy at all.
Be sure to return before 10/01/2009 though.