Need to know how H-4 visa approval goes after H1B revoked

India US visa process
#1

Hi ,

My wife came to U.S on H-4 in Dec -2017 and she found a job and her employer applied H1B in April -2019 and it’s approved in Dec-2019. She didnot go for Job due to pandemic as her employer didnot show any clients also. Then in October 9th 2020 USICS revoked her visa and employer havenot convey that information to us saying H1b revoked and need to apply for change of status to H-4. But her old H-4 I-94 is valid till October 2021 and Revoked h1b I-94 is valid till October -2022. Recently when my employer was about applying my H1b extension they want to apply my spouse and kid extension also .While rechecking my wife scenario attorney mentioned my wife is out of status. Attorney mentioned to back to india and get H-4 stamping to be a safer side.I am planning to send her to india ASAP.My employer applied my H1b extension under premium processing and it’s approved till Aug-2024.Wants to know will there be any problem when she go for H-4 stamping ?Have you seen this kind of scenario before and they were successful in getting H-4 visa.will they face any issue while coming back to U.S in port of entry. Please advice me here.

#2

She might be questioned about how she maintained H1B status while she was not working.

Since , she did not file H4 COS after getting H1B, she will be considered ‘out of status’ from that H1B date.

Be prepared to answer the questions.

1 Like
#3

Hi Anil,

Thanks for your reply.
My question is, we applied her H1B when she was on H-4 visa and then her H1B petition got approved. This case should be something like when we are in India and applying H1B right? Approved H1B means status automatically changes from H4 to H1B without applying SSN.
And her H4 status should not move to H1B until we apply SSN and start working right?
Because while filing H1B also, employer didnot file H4 to H1B COS. we assumed we remain in H-4 status.

Have seen this kind of scenario previously with any one and were they able to get their H-4 without any trouble.

And her both H-4 I-94 and H1B I-94 are valid till today.

Thanks & Regards,
J Sreekanth

#4

SSN has nothing to do in this situation.

The status is governed by i94. If the new i94 was issued with H1B approval, then the status changed automatically.

H1B can be applied either with ‘change of of status’ or ‘consular processing’.

In your case, your employer seems to have applied with ‘change of status’ which when approved comes with a new i94 and hence changes the status automatically.

#5

Hi Anil,

Thanks for answering my questions.

  1. I have gone through all the documents which the employee sent to USCIS, in that they don’t have any document related to COS. Is it a mistake from USCIS that without applying COS, they sent I-94 in the H1B approval document ?

  2. I downloaded the latest I-94 document from I-94 CBP website , in that it still shows her status as H-4 only.

  3. Is there any chance her H-4 visa can get reject as she is more than 180 days out of status.

  4. From which date should we consider her status as “out of status” ? From I-94 starting date in her H1B or from Her H1B revoke date?

Thanks & Regards,
J Sreekanth