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H4 to H1 and back to H4

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  • H4 to H1 and back to H4

    Hi,

    On Dec 2007 I came to USA on H4 (Company A) which is valid till oct 2009, my h1b got approved on sept 2008 and took the SSN, but i never worked on it as i was pregnant and delivered in July.
    If i want to change my status back to H4 on my husbands H1B (Shifted to new Company B on Jan 2008), what is the procedure and do i need to inform the embassy that i am h1b and need to change my status back to H4.
    Please help.

  • #2
    You can apply for H1-H4 COS. But for that you need to prove that you were in valid status all the time. Since you never worked and get paid on H1 status, you are out of status as of now. You need to consult a good attorney
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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    • #3
      Out of Status

      I never worked and did not got any pay from my employer too, am I out of status or still on H4

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      • #4
        You are out of status. The minute your H1B petition got approved, your status changed from H4 to H1B. When you are in H1B you need to be working and get paid.


        Originally posted by siriby View Post
        I never worked and did not got any pay from my employer too, am I out of status or still on H4
        Not a legal advice. Use of this information is strictly at your own risk.

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