H4-H1-H4 change of status

[arpu31]

I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband’s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don’t have any paychecks since I did not get the project and haven’t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?

Thank You in advance.

Arpu

[bbenhill]

I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.

But again, Please check with ur attorney since I am not an attorney.

Sorry if my answers will scare you a bit.

Regards,

Originally Posted by arpu31

I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband’s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don’t have any paychecks since I did not get the project and haven’t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?

Thank You in advance.

Arpu

[_shoonya]

Deleted

[arpu31]

Thank you for your reply.

Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

Or can I go out of USA and get back on the same revious H4 stamping?

Thanks,

Arpu

Originally Posted by bbenhill

I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.

But again, Please check with ur attorney since I am not an attorney.

Sorry if my answers will scare you a bit.

Regards,

[amitkhare77]

you have to options -

1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

please double check before you make any decision.

Originally Posted by arpu31

Thank you for your reply.

Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

Or can I go out of USA and get back on the same revious H4 stamping?

Thanks,

Arpu

[bbenhill]

I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

Thx

Originally Posted by amitkhare77

you have to options -

1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

please double check before you make any decision.

[arpu31]

Originally Posted by amitkhare77

you have to options -

1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

please double check before you make any decision.

If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?

[arpu31]

Originally Posted by bbenhill

I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

Thx

Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

Arpu

[amitkhare77]

Yes you need the I-94 attached with I-797 in order to apply for change of status (H1 to H4). your employer can not keep I-797. Just tell your employer that you need to apply SSN and you need I-797.

Originally Posted by arpu31

Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

Arpu