| Q. |
H4-H1-H4
My wife is in H4 currently and its valid till Oct 2009 . 4 months back she got an offer from a company and they filed for her H1 (cos)and we got the approval notice yesterday stating that she can work from Oct 1st . we don’t want to use that H1 at this point ,since my wife is pregnant and she prefers to be with the kid atleast for a year . so I would like to know what my options are …
option 1:
Do I need to convert her back to H4 by applying i539 ? but my wife already have her h4 till next year so not sure how i can apply extension ?
option 2 :
can she travel to India and come back showing her h4 at port of entry ?? will that revert her back to H4 ?? please let me know ?
Thanks
Badri
User's Location:
seattle, Washington, United States of America
Category:
Other
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| A. |
I believe that as of October 1st her status will officially change from H-1B to H-4 if her H-1B was filed as a change of status and an I-94 was included at the bottom of the approval notice.
If she will not work she will not be maintaining her H-1B status and she should again obtain H-4 status.
One option could be to send notice to CIS withdrawing the H-1B and noting that she will not commence employment on October 1st.
Another option could be to file I-539 COS paperwork for her to change back from H-1B to H-4.
A third option could be to have her travel and return using her H-4 visa, proof of your H-1B, and proof of your marriage to again enter in H-4 status. (If she will not wortk, I would not wait to travel though because she may not be maintaining status in the U.S.)
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thanks ...i have few doubts ...
One option could be to send notice to CIS withdrawing the H-1B and noting that she will not commence employment on October 1st.
how can i do this ? is there any form like 1539 to let them know ?
Another option could be to file I-539 COS paperwork for her to change back from H-1B to H-4.
if this reaches before oct first then will this not be a case where we are trying to extend whenn her H4 is already valid till 2009 ? so should i wait till oct 1st to send this ?
A third option could be to have her travel and return using her H-4 visa, proof of your H-1B,
has she has to leave and come back after oct first to get back to H4? if she comes back before oct first i guess then her status will once again change back to H1 after oct first ?
Thanks
Badri |
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| A. |
I think the easiest options are to either file a COS from H-1B to H-4 or have her leave the country and return using your H-1B approval, marriage cert, H-4 visa etc. and request to be admitted in H-4 status. CIS may have an issue with COS request if she doe snot have any pay stubs from H-1B employer, but perhaps not if you filed within the next 1-2 weeks.
If she comes back and uses H-4 paperwork for admission, she will then be in H-4 status again. If she stays and doe snot work for H-1B employer, she may not be maintaining status to be in the US because her status changed to H-1B but she would not be working for the H-1B employer.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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