H1b to H4

[srd4gc]

Hi,

We have recently filed I539 for my wife (H1b to H4 conversion). Her H1b expires in a week. we have received the receipt notice from uscis. Would my wife be out-of-status if she doesn't receive H4 approval before her H1b expires? Please advise.

Thanks

[srd4gc]

guys, could anyone please respond to my question? thanks

[soggadu]

guys, could anyone please respond to my question? thanks

hi srd...your wife is ok as she have already filed for the conversion and has the receipt number....

[srd4gc]

soggadu, thanks for the reply. that is a relief. hopefully, i don't need to extend my H1b next year...my PD is 11/15/07

[veni001]

Hi friends,
A hearty congratulations to all of those who are current. It is definitely a good feeling!

Have a unique question....not sure which thread to place it on....my wife is in India and has a valid H4 stamp on her passport. She did a change of status to H1 while in US and applied for H1 stamp in India. She received a 221g.

Question is if she withdraws her petition for H1, can the consulate cancel her H4 visa? Can she enter US on H4? I am presuming that entering on H4 will mean abandon of status for H1.

The reason for this is my priority date is current and I would her to be back in States rather than wait on her H1 stamp.

Thanks in advance!

Rohan,
As long as her H4 VISA in the passport is not cancelled, yes she can come back to US on H4.

H1/H4 is only status, entering on H4 does not mean abandoning H1 application, consulate may call her back with H1 VISA approval.

[Kanmani]

Rohan

Once she enters with H4 stamp , she has to change her status to H1 to continue her existing payroll or wait for EAD