Legal Question in Immigration Law in California

H1 to H4

I got my H1 in Oct 2007. Since then I have not joined work and hence do not have pay stubs. My I-94 is till 2010.

I had entered US on H4. Recently my husband changed his job and his new company didn't issue an H4 for me.

My questions are

1) Am I staying illegally? (Since I haven't joined work and I no longer have a H4)

2) I want to change from H1 to H4. Do I need to go to country of origin to get myself re-stamped or I can do it from here?

3) Will I face any problems while converting from H1 to H4?


Asked on 1/02/09, 9:05 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H1 to H4

1. You are in violation of your status and must leave and re-enter with a new visa. Can't change status in the U.S. You must leave because you have not been maintaining status.

2. You might be able to go to a third country, but contact me for details on that. Again, you cannot do it from here.

3. You might, but if handled properly, you should be fine.

You need a good lawyer, that's a fact. Your case has been neglected and that cannot continue. If it does, you will face major problems though you can still fix it.

Check me out at http://www.yardum-hunter.com or email me at [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 1/02/09, 11:48 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: H1 to H4

If you are located in Orange, San Diego or Imperial counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 1/05/09, 3:36 pm


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