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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107239
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am currently on H1 with I-94 till September 2016,

Customer Question

I am currently on H1 with I-94 till September 2016, extension till December 2017 is still under consideration by USCIS. I'm planning to take a sabbitical from my job. I want to apply for a H4 visa (my wife is on H1) and remain in the US during my sabbtical period. Do I wait till my extension is approved before I apply for H4? Will I be able to switch to H1 and continue to work for my current employer after the sabbatical?
If after switching to H4, I decide to pursue my education will I be able switch to F1 and if yes, will it involve going out of the country to get a Visa stamping?
In case my F1 application gets rejected, will I be able to stay using my H4 visa, or in case I have to get a stamping, come back to the US using my H4?
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Let's go one by one:

Do I wait till my extension is approved before I apply for H4?

You probably should. Why? Because according to the last action rule, the last action taken by USCIS will be your status. So if your extension is approved after your change of status, it's going to cause a problem.

Will I be able to switch to H1 and continue to work for my current employer after the sabbatical?

Yes. If you get into H-4 status, you can change status back to H-1B.

If after switching to H4, I decide to pursue my education will I be able switch to F1 and if yes, will it involve going out of the country to get a Visa stamping?

Yes, you can change status from H-4 to F-1 and you do not have to leave the U.S. to do it.

In case my F1 application gets rejected, will I be able to stay using my H4 visa, or in case I have to get a stamping, come back to the US using my H4?

Yes. If F-1 is denied, you would stay in H-4 status and not have to leave the U.S. either.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Hello Sujatha. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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