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DMX17
03-02-2016, 03:27 PM
hi, can someone help me.... my h1 was revoked on March 04 2016 by my employer and i was on out of status right now. My wifes employer doesnt want to do my h4 as i am out of status he has suggested either go and get it stamped in india or file your own i539. here the critical thing is my wifes h1b got expired on nov 2015 and she filed for extension on sept 2015, almost 5 months over till dated extension papers we have not received, but where as we have received the receipt number... how many days can i stay here on out of status.... what are the other alternatives to convert it to h4 without going and getting stamped in india.
if so, what is the procedure for filing by my own.

Talk to another lawyer. Did you not get any indication before they revoked your H1 that you should apply for H4 COS before that? Or is your employer a shady one?

Technically, you are out of status on the day the H1 was revoked or you were let go. You should leave immediately or apply COS before H1 status went away. I would say apply for your wife's H1 premium processing and get your H4 stamped in India is the best option. I would do that as it will avoid issues of out of status or even unlawful presence if your I-94 also expired or will expire soon. Again, talk to another lawyer ASAP.

srinivasdwhdwh@gmail.com
03-08-2016, 11:47 PM
hi, can someone help me.... my h1 was revoked on March 04 2016 by my employer and i was on out of status right now. My wifes employer doesnt want to do my h4 as i am out of status he has suggested either go and get it stamped in india or file your own i539. here the critical thing is my wifes h1b got expired on nov 2015 and she filed for extension on sept 2015, almost 5 months over till dated extension papers we have not received, but where as we have received the receipt number... how many days can i stay here on out of status.... what are the other alternatives to convert it to h4 without going and getting stamped in india.
if so, what is the procedure for filing by my own.