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 MurthyDotCom » MurthyForum » H1B : H-4 Issues » H1b to H4,wheb H4 expired and Husbands H1 extension is in Process

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AuthorTopic:   H1b to H4,wheb H4 expired and Husbands H1 extension is in Process
sushnp
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 03, 2009 06:04 AM Click Here to See the Profile for sushnp   Reply With QuoteEdit or Delete Message
Hi All,
I got my H1b this year 2009, i got my SSN on 16th of october. Till now i have not got any project
no paystubs my employer is asking me to go back on h4 till they find a project for me. my H4 expired on sep30th and my hubby's has applied for his H1 extension 1 month back and has got receipt number and no decision has been made yet
so can i now apply for h4 when my hubby's h1 extension is pending
how can i save myself from going out of status
and if i go back on h4 can my employer revoke my h1
Thanks,
Posts: 14 | Registered: August 07, 2009
pontevecchio
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 03, 2009 12:32 PM Click Here to See the Profile for pontevecchio   Reply With QuoteEdit or Delete Message
You are already out of status. tell him to pay you till tomorrow and file a COS to H4 tomorrow. If he says No file a complaint with the DOL. You might also like to go back and come back on the H4 visa. Please stay away from consultants who do not have a project for you.
Posts: 17029 | Registered: September 18, 2008
sushnp
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 04, 2009 09:05 AM Click Here to See the Profile for sushnp   Reply With QuoteEdit or Delete Message
can i apply for h4 when my husband's h1b extension in process
Posts: 14 | Registered: August 07, 2009
pontevecchio
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 04, 2009 10:47 AM Click Here to See the Profile for pontevecchio   Reply With QuoteEdit or Delete Message
Yes if you are in status. In your case they may approve the COS to H4. Even if your spouse applied for an extension on his own generally if you are in status you are allowed to apply for a COS to H4 based on his pending H1 extension. Since it is a few days out of status they may approve your COS. If not you should leave and come back on the H4 visa.
Posts: 17029 | Registered: September 18, 2008

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