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Change of status H1B to H4

Thousand Oaks, CA |

I am currently in US. From May 2010 to Sept 30th 2012 I was on H4. Company XYZ applied for my change of status from H4 to H1B and it got approved. Starting from October 1st 2012 I am on H1. But since the company has no projects, was not asked to join and hence did not receive any paystubs. Now they are asking me to leave US and go to India which is my home country and reenter with my H4 visa which will expire only on September 2013.
1. Once the change of status has been done from H4 to H1, Is my H4 visa still valid? Can I reenter on H4 visa?
2. Is there any risk associated while reentering with H4 visa? Will they ask for my paystubs when I was on H1B visa?
3. Will I be able to use the approved H1B as CAP exempt in future even if I reenter on H4?


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Attorney answers 1


A change of status does not affect the validity of visa stamps.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



So can I re enter US with my H4 visa?