Immigration Issues/H4 - H1 - H4

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Question
Hi Ajay,

I came to US on a valid H4 visa which is valid till sept 2010.  Moreover in between i got the job and got the H1 sponsored which is valid till 2013. For some reasons i had to leave the job and so i left the job after working for 2 1/2 months. Now its been already 1 1/2 i m not working and my husband is in the process of visa extension for him and myself both.  I want to get the h4 visa status.  Kindly guide me for the same.  Also let me know if anything else i need to answer to you.

Answer
Hi,

You are currently violating H1B status as you are not employed by your sponsoring H1B employer.

When your husband files his H1B petition, your H4 application should be filed concurrently as well requesting change of status from H1B to H4. When the USCIS approves your husband's H1B petition, and is deciding whether to approve your H4 application, it will consider whether you were maintaining your visa status (H1B) at the time when H4 application was filed. Hopefully you will be able to submit recent pay stubs with the H4 application as evidence that you were maintaining H1B status.

I recommend that your husband's H1B petition be filed through premium processing, so that the USCIS decision on the H1B/H4 is made within 15 days of filing. If the USCIS does not approve your H4 application granting you change of status (due to lack of recent pay stubs, for example, or if your H1B employer has already revoked its H1B petition), then you should be ready to depart the U.S. and obtain H4 visa stamp at a U.S. Consulate in your home country.

You can call our law firm at 212-268-3580 during business hours, or email info@h1b1.com

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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