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Posted on 13 Apr 2010
Q.

H1 Out of status exit USA - H4 re-entered - new H1 eligible?

I got my H1B under quota for FY2006.I entered US on Oct2007.Worked till end of Oct2008.From Nov2008 to Aug 2009,I was without job and My employer also didnt pay and I have no paystubs. My employer tried to find my next contract. When my visa was about to expire on Sept 2009, my employer asked to join their company in India.So I went back to India on Aug 2009, worked for their company in India for 5 months. In Jan 2010,I got my H4 visa through my husband. So I re-entered USA on H4visa in Feb 2010.
Am I eligible to do change of status from H4 to H1?
Now,If another company applies new H1 Petition, what is chance of getting approved,since I have no paystubs between Nov2008 - Aug2009 and no W2 for 2009?
What are the issues now, being out of status for 10 month on expired visa till Oct2009?

User's Location: Gaithersburg, Maryland, United States of America
Category: H1B Visa (Work Visa)
Posted on 13 Apr 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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