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  #1  
Old 08-25-2015, 01:31 PM
sssingh sssingh is offline
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Default Need Help Please

Seniors/members need your input,

I am currently on H4 and valid until 2017, I got my h1b in last year quota, But I was not working on h1b. I am planning to travel back to my home country, do I need to get stamped again on dependent visa if I want to continue on H4.


Regards,
SS
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  #2  
Old 08-25-2015, 03:51 PM
spicy_guy spicy_guy is offline
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Default

Quote:
Originally Posted by sssingh View Post
Seniors/members need your input,

I am currently on H4 and valid until 2017, I got my h1b in last year quota, But I was not working on h1b. I am planning to travel back to my home country, do I need to get stamped again on dependent visa if I want to continue on H4.


Regards,
SS
You don't need stamp if your H4 is still valid and you have not applied for Change of Status to H1.
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  #3  
Old 08-26-2015, 01:09 PM
sssingh sssingh is offline
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Default Thank You, One more question

Thank You for your reply, this gets me to some more question
When the I landed in USA on H4, I got an I94 but when they applied for H1B, I got I94 with a different number and I also took my SSN based on my h1b.
Will that mean my COS has already changed or will I be still on valid H4 only. Or Am I out of status since my status has changed from H4 to H1b as I got new I94 and haven;t worked

Regards,
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  #4  
Old 08-26-2015, 02:14 PM
unluckydude unluckydude is offline
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Default

The unemployment rate is high !

More temporary workers want to come to the country and as a result there is a lottery for H1 !

Still some one decides not to work ! what a waste of work visa
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  #5  
Old 08-26-2015, 04:52 PM
sssingh sssingh is offline
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Default Dude it may not be same as we think

There are some family issues due to which I was unable to work, it does not mean I am confused or mad.

Appreciate your reply
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  #6  
Old 08-26-2015, 05:25 PM
spicy_guy spicy_guy is offline
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Default

Quote:
Originally Posted by sssingh View Post
Thank You for your reply, this gets me to some more question
When the I landed in USA on H4, I got an I94 but when they applied for H1B, I got I94 with a different number and I also took my SSN based on my h1b.
Will that mean my COS has already changed or will I be still on valid H4 only. Or Am I out of status since my status has changed from H4 to H1b as I got new I94 and haven;t worked

Regards,
If you applied H1 while on H4 in US, then I guess you wouldn't be getting I-94. You will get approval. You will have to invoke COS. H1 approval notice does not automatically become active. Or you will have go out of the country and come back on H1.
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  #7  
Old 08-27-2015, 07:22 AM
DMX17 DMX17 is offline
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Default

Quote:
Originally Posted by sssingh View Post
Thank You for your reply, this gets me to some more question
When the I landed in USA on H4, I got an I94 but when they applied for H1B, I got I94 with a different number and I also took my SSN based on my h1b.
Will that mean my COS has already changed or will I be still on valid H4 only. Or Am I out of status since my status has changed from H4 to H1b as I got new I94 and haven;t worked

Regards,
First of all, you should know whether your H1 employer requested a COS. Careless mistake that you donít seem to know!

Check I-797 and read what it says. Does is say something like we approved this petition and change of status? I mean find out somehow. Ask you H1 employer.

Since you received an I-94 with H-1B I-797 (albeit a different number), I am guessing your employer (or you) applied for a COS. In this case, you are out of status since you were never employer.
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  #8  
Old 08-27-2015, 02:39 PM
sssingh sssingh is offline
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Default Will check with my employer

Thanks a lot for providing valuable information.

Rgds,
SS
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  #9  
Old 08-27-2015, 02:47 PM
sssingh sssingh is offline
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Default

Quote:
Originally Posted by sssingh View Post
Thanks a lot for providing valuable information.

Rgds,
SS
Also the I797A says that the I129 and change of status petition has been approved. It means I am out of status and need to fly back immediately to my home country and change my status to H4. So that i won;t have any difficulty later when I want to change back to H1B
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