H1b to H4

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

guys, could anyone please respond to my question? thanks

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Originally Posted by srd4gc

guys, could anyone please respond to my question? thanks

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

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

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Originally Posted by rohan621

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!

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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.

Rohan

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