H4 to H1 transfer/H4 extension

Asked over 1 year ago - Columbus, OH

Iam having H4 dependent visa which will expires on July 31 2013.My husbands current employer ready to extend husband's H1B and my H4 visa.On the other side I am filing my H4 to H1 transfer on April 1 2013.The reason is i need to go to India on August 2013 and will back to US before October 1 2013.And also i need to go for H4 visa stamping in India.Is any chance for rejection in H4 stamping while H4 to H1 transfer process done from USA?Will they cancelled my H4?

Attorney answers (3)

  1. Robert Louis Brown

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Since the H1B should not be available until October 1. Depending on when you planned to return to the United States. There should not be an issue with returning on the H4. the closer you get to beginning the H1B status date of October 1, the possibility increases that they may not give you the H4, and require you to wait to obtain the H1B.

    www.brown-immigration.com

  2. Pradeek Susheelan

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . You can certainly come back on h4 if your husband is maintaining H1status ( working and getting paid appropriately). But please be aware that if you travel while a change of status to h1 is pending USCIS will in all probability consider your application for change of status to h1 as abandoned. You will still be able to get the I-129 for your h1 classification approved ( assuming it is otherwise approvable) without a change of status, which would require you to amend the I-129 for change of status to h1 as you would be in h4. Please consult with a competent business immigration attorney.

  3. Alexander Joseph Segal

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . A noncitizen can hold multiple visa stamps in his or her passport and use those in accordance with the purpose of a particular trip. A noncitizen can only be in one status at the time. A noncitizen cannot change status unless the status from which the change is sought is valid on the day when the change of status application is filed. The last action rule applies unless additional H1B employment is claimed instead of change of status. This is why it is always dangerous to file multiple petitions at the same time.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more

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