H4 to H1B and H1B to H4

[nicky75]

Hi
I came to USA on H4 Visa in the year 2009 and changed to H1B in 2013. But I haven't worked due to pregnancy and my employer had run taxes for two months in 2014 and later cancelled my H1B without informing me. I was unaware that my H1B is cancelled and got to know about it recently after 8 months of cancelling. Now I applied for change of status to H4 in January 2015 and waiting on the response from USCIS. I'm planning to travel to India in may ,will there be any problem while coming back to USA assuming that H4 will be approved by April 2015. Thanks for you responses in advance.

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[lisaanderson]

Hi
I came to USA on H4 Visa in the year 2009 and changed to H1B in 2013. But I haven't worked due to pregnancy and my employer had run taxes for two months in 2014 and later cancelled my H1B without informing me. I was unaware that my H1B is cancelled and got to know about it recently after 8 months of cancelling. Now I applied for change of status to H4 in January 2015 and waiting on the response from USCIS. I'm planning to travel to India in may ,will there be any problem while coming back to USA assuming that H4 will be approved by April 2015. Thanks for you responses in advance.

Did you use an attorney to file the COS to H-4? Do you realize that even if your H-4 change of status is approved, you will need to get the H-4 visa at the U.S. Consulate in India if you want to return? You will need to admit that you violated status on the H-1B petition, and this may make it difficult to get the visa.

If you haven’t done so already, go see an attorney immediately.