What is my legal status H1 or H4

[sweta_vkaagrawal]

I entered U.S on Nov 2006 in H4 Visa (H4 Visa expiry was Sep 2008).
I got an H1 sponsor in 2008 & processed H1B premium. Refer the dates.
(Receipt Date: April 25 2008, Notice/approval date May 23, 2008, I94 attached Valid from 01 Oct 2008 to 09/22/2011)
Simultaneously in 2008 my husbands's company applied for H4 Extension as it was about to expire in Sep 2008. (Reciept date - May 27 2008, Notice/approval date - Aug 26 2008, valid from 10/01/2008 to 05/12/2011)

I have not worked in H1 till now due to recession. My husband is in valid H1B status through out. My question is What is my legal status now - H1, H4 or without status. Please help me.

[unseenguy]

Originally Posted by sweta_vkaagrawal

I entered U.S on Nov 2006 in H4 Visa (H4 Visa expiry was Sep 2008).
I got an H1 sponsor in 2008 & processed H1B premium. Refer the dates.
(Receipt Date: April 25 2008, Notice/approval date May 23, 2008, I94 attached Valid from 01 Oct 2008 to 09/22/2011)
Simultaneously in 2008 my husbands's company applied for H4 Extension as it was about to expire in Sep 2008. (Reciept date - May 27 2008, Notice/approval date - Aug 26 2008, valid from 10/01/2008 to 05/12/2011)

I have not worked in H1 till now due to recession. My husband is in valid H1B status through out. My question is What is my legal status now - H1, H4 or without status. Please help me.

H4. I think. since it was applied after H1. Talk to an attorney though.

[vin13]

Originally Posted by sweta_vkaagrawal

I entered U.S on Nov 2006 in H4 Visa (H4 Visa expiry was Sep 2008).
I got an H1 sponsor in 2008 & processed H1B premium. Refer the dates.
(Receipt Date: April 25 2008, Notice/approval date May 23, 2008, I94 attached Valid from 01 Oct 2008 to 09/22/2011)
Simultaneously in 2008 my husbands's company applied for H4 Extension as it was about to expire in Sep 2008. (Reciept date - May 27 2008, Notice/approval date - Aug 26 2008, valid from 10/01/2008 to 05/12/2011)

I have not worked in H1 till now due to recession. My husband is in valid H1B status through out. My question is What is my legal status now - H1, H4 or without status. Please help me.

I think when you got your approvals for H1 and H4, you had a choice to pick any. Now that you have not worked using H1, you have not maintained your H1 status. so you are left with H4.

You will get opinions in these forums based on individual experiences. But you need facts not just opinions. When you have questions about visa status, i would highly recommend consulting lawyers.

[number30]

Originally Posted by sweta_vkaagrawal

I entered U.S on Nov 2006 in H4 Visa (H4 Visa expiry was Sep 2008).
I got an H1 sponsor in 2008 & processed H1B premium. Refer the dates.
(Receipt Date: April 25 2008, Notice/approval date May 23, 2008, I94 attached Valid from 01 Oct 2008 to 09/22/2011)
Simultaneously in 2008 my husbands's company applied for H4 Extension as it was about to expire in Sep 2008. (Reciept date - May 27 2008, Notice/approval date - Aug 26 2008, valid from 10/01/2008 to 05/12/2011)

I have not worked in H1 till now due to recession. My husband is in valid H1B status through out. My question is What is my legal status now - H1, H4 or without status. Please help me.

There is rule called Last action Rule. So whichever event occured last will be your status. Your H4 was approved last. You are on H4.

[glus]

Originally Posted by number30

There is rule called Last action Rule. So whichever event occured last will be your status. Your H4 was approved last. You are on H4.

Correct. Which ever application was approved LATER, that is the person's status.

[linsonthomas]

Originally Posted by glus

Correct. Which ever application was approved LATER, that is the person's status.

I do not agree. The person's status depends on more than the last application which has been approved.

In some cases, even if you have approved petition(with or without I-94), you need to come out of country and re-enter to change status.

I this case, even if the H1 has been approved, the person is not having the H1 status till he started working for the H1 company. One can have(apply simultaneously and approved) as many H1s with out having H1 status until he joins in any one H1 company for the first time.

As the person has not started working in H1, he/she does not have H1 status. So the person's status is H4. If this person did not extent the H4, he/she is out of status but not Illegal as he is having approved I-94. In that case, one can go out of country and apply for H4 visa to return. But not able to file COS/EOS to H4 within USA as the status is not valid.

-Linson

[frostrated]

Last approved status for which an I-94 exists is the final status. You can have only one I-94 at any time. Check the number on the I-94s that you have. You should notice that the I-94s have the same number. The last approved I-94 will be the status you are currently on.

[siva9]

You are H4 to H1 to H4 according to receipt dates. Your status may be H4.
Consult attorney.