What to do about an H4 visa that I may be out of status on?

UPDATED: Oct 18, 2013

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What to do about an H4 visa that I may be out of status on?

I am on H4 visa and had a valid H1b prior to it. Now I found an employer and it transfered my H1b visa and filed for change of status from H4 to H1b. COS was denied. I had a valid H4 visa stamp on my passport. Now, am I out of status from 4 as well? Do I need to exit and come back on my H4 stamp?

Asked on October 18, 2013 under Immigration Law, California


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Was the H-1B denied as H-1B or only the COS was denied?  If only COS was denied, you can depart the US, obtain a H-1B visa on the basis of the approval notice and reenter the US to start working for the H_1B employer.  If the H-1B was not approved at all, depart the US and reenter with the valid H-4 visa.

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