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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption