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Request for F1-H4 visa status question

Discussion in 'Non-working nonimmigrant issues' started by ashok83, Nov 4, 2011.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If it hasn't expired and your spouse is in lawful H-1B status, you are good and don't have to do anything.
     
  2. Gpandya

    Gpandya New Member

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    Hello,,

    thank you for this valuable information,
    I am currently in the same situation.
    I came to US on H4 visa. Then I started school and convert to F1 visa. But now I want to go to h4 as I can have the benefit of H4 EAD rule.
    Please note that after entering to US on H4 ,I have never traveled outside the country , so on my passport I do have H4 visa stamp. which expired once and I got the renewal in that also before covering on F1. So, in a way my H4 is still valid.

    Please suggest me what should I do in order to have the H4 EAD benefit. I still with my husband with whom I came to US on H4 visa. we have never apply to cancel the H4 visa.

    Is my H4 visa still valid?
    Am I on both the H4 and F1 visa right now?

    Thank you for help.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your H4 visa has not expired and you still qualify for H4 status, then yes you may use it as a reentry document when you return.
     
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  4. Gpandya

    Gpandya New Member

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  5. Amit Shah

    Amit Shah New Member

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    Hello Ron,

    My wife has not found employment while in her first 90 days of her OPT period. She was on H4 until we applied for her COS to F1. We'd like to have her status changed to H4 again. I had a few questions for you, if you could answer at your earliest convenience.

    1. Can my wife apply for her H4 EAD simultaneously due to the new law or do you recommend filing for her H4 first and then her EAD when her H4 is approved? She is planning on going to India in August for 2 months or so. So, in that scenario, does she still have to file I-539 while being here to convert to H4 and then will she also have to file DS-160 to get a visa appointment for stamping in India while she's there?
    2. What are the current processing times on H4 because her F1 OPT grace period for finding employment is expiring April end? I believe, once the H4 gets into USCIS for processing, her legal status should be fine until it get's approved. Please correct me if I am wrong.
    3. Do I need legal representation for the COS from F1 to H4 or can we do it on our own?

    Thank you.

    Regards,
    Amit.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    She needs to apply for COS before she goes beyond 90 days without work. After that, she will be out of status and will have to go abroad and return as an H4.
     
  7. Amit Shah

    Amit Shah New Member

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    Does it mean we have to send in the COS application to USCIS by the end of this month? And is it only the I-539 form that she has to fill or any other form as well?

    I have an approved I-140 as well and am on my second H1B visa, but it's not stamped on my passport. Do I need to send in a copy of the approved I-140 or just copies of I-797, H1B LCA and I-129?

    Thank you so much for your prompt reply.
    Amit.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Send the I-539 before she hits 90 days. Once you have the receipt notice, you can then file the I-765 (for the EAD) on May 23rd while the I-539 is still pending.
     
  9. Prak patel

    Prak patel New Member

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    Hi Ron,

    I have a similar question. My wife was on H4 visa and she applied for COS from h4 to F1. She got approval recently. Her H4 visa stamp from my previous employer valid until 09/26/15.Our new I-797 from current employer is valid until feb-2017. If she travel to India, Can she re-enter on H4 status using her old valid H4 visa (issued based on my previous employer) or she has to go for re-stamping for H4 visa?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If she travels ANYWHERE and returns using her H4 visa, she will be back in H4 status.
     
  11. Prak patel

    Prak patel New Member

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    Even if her H-4 visa based on my previous employer, she can come back on H-4 status?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes she can. The employer is irrelevant for an H4. All that matters is that the H1B is in lawful status.
     
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  13. Prak patel

    Prak patel New Member

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    Thank you so much Ron.
     
  14. krisjonn

    krisjonn New Member

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    HI Ron,

    My wife changed her status from H4 to F1 and then recently she visitied India and got F1 Visa stamping.....everything went well until she was entering back on F1 visa and at the port of entry the immigration officers claimed that she did not fulfill her requirements for being a Fulltime student as she had taken online courses which was not allowed for fulltime students and on that they deported her back to India..........Now the question is Can she go back to the US embassy in India to apply for H4 visa and if so, what are the possible questions she might face and what documents will she need ?? and my H1 is valid until sept of this year which is 5 months for now, will that be sufficient for her to get the H4 visa........please help me with any advice you can provide.

    Thanks
    Kris
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, she may apply for an H4 visa. She will need a copy of your I-797 approval notice, a letter from your employer, and copies of your last three paystubs.
     
  16. krisjonn

    krisjonn New Member

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    Thank You Ron

    Also what are the likely questions that they may ask her regarding her deportation and the reason for applying for H4 as opposed to F1 and you mentioned 'Letter from my employer' - what exactly should the letter state?

    My I-797 is valid till sept only, will that be a problem??

    Thanks
    Kris
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    She wasn't deported, she just wasn't admitted. The letter from your employer should confirm your ongoing employment and verify that it is under the same terms and conditions as stated in the H petition.
     
  18. krisjonn

    krisjonn New Member

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    Thank You Ron for you prompt reply.

    The reason i am concerned is because in the passport after she landed in India they stamped it saying 'Deportee' ............so how will this effect when she goes for her H4 stamping next ?? and should i mention all this when i fill out DS-160 form
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Who stamped that, the Indian government?
     
  20. krisjonn

    krisjonn New Member

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    Yes, it was the Indian Govt
     

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