Results 1 to 2 of 2
  1. #1

    Default H1 to H4 Change of Status

    Hello ,

    I entered USA in Dec. 2007 on H4 Visa valid till April 2010. I got my H1B approved in October 2008. I worked for few months, and due to bad economy I do not have any project since last 5 months and also no paystubs. I would like to change back to H4 status. But I understand that filing for change of status from within US might require latest paystubs. So I am planning to go to my Home country this month ( Nov 2009 ) and return in Jan 2010.

    My questions are:

    1) The H4 visa stamp on my passport is valid till Apr 2010. So can I simply enter USA with the same stamp and valid H1b petition from my spouse to get the new valid I-94 in H4 status?

    2) Will there be any issue at Port of Entry ? Has anyone done this before ?

    3) If this can be done then once I get valid I-94 with H4 status, Do I need to file any other form in addition like I-539 to be in proper status ?

    Thanks in advance !

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1 to H4 Change of Status

    You can't (lawfully) reenter on an H1B, as you're out of status. If you get caught lying at the border, you'll be turned back and will likely be permanently barred from enteirng the U.S. You'll want to reenter on an H4 visa - you don't need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.

    Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to reenter the U.S.

    Given the apparent overstay issue, I suggest consulting an immigration lawyer.

    1. Sponsored Links
       

Similar Threads

  1. DV Visa Lottery: Can an F-1 Student Change Status to Immigrant Status Through Visa Lottery
    By Farhan in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 02-05-2011, 03:33 PM
  2. H Visas: Change of Status F-1 to H-1b : Out of Status or Not
    By destination in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 11-17-2010, 02:05 PM
  3. Unlawful Presence and Overstay: H1b to F1 Change of Status Denied - I-94 Expired, Out of Status
    By problems101 in forum Immigration Issues
    Replies: 1
    Last Post: 07-10-2010, 12:25 PM
  4. F Visas: Change Of Status - B2 To F1
    By grazielasj in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 05-24-2008, 10:36 AM
  5. J Visas: J1 Status Change
    By B in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 06-11-2007, 07:29 AM
 
 
Sponsored Links

Legal Help, Information and Resources