Any attorneys please advice... H1 H4 status

[Pramodesh]

What is the name of your state?What is the name of your state? New York

Hi,

Sub: Any attorneys please advice

I have a really big dilemma and I really don’t know what to do.. please give me some advice.

Actually I am on H4 visa, from 2000 till date. and my husband is on year to year extension. He is already on his 8th year extension, this year starting from Feb 2005.

I applied for a H1 last year 2004. And it got approved Sept 28 2004, It was a now H1. And my H4 visa was valid till Feb 18 2005. Due to some personal problems I have to go to India, so I went to India on Dec 2004 and came back Feb 7th 2005, after my H1 approved I didn’t apply for my SSN immediately. I went on valid H4 visa to India and came back on the same. Before going to India I have not applied for “SSN” nor for any jobs, since India trip was so sudden I didn’t expected it. I thought I would do that once I come back from India. My husband H1 and my H4 extension for this year, which was applied by his company, was approved on January 2005. After coming back from India, in Feb 3rd week like that I applied for my SSN. In the meantime our “Canada PR” was approved, ( I went to Canada after applying for SSN) so we have to go to Canada and establish PR, so me and my husband went to Canada established PR, since our visas were expired we both went for stamping, he on his H1 me on my H4. and I came back to US on my H4 visa now which is valid till Feb 2006.

So now I got a letter from SSN Office after 5 weeks I applied, saying that I am on H4 status, and they cannot give me a “SSN”, for that I need to change my status to H1. and they are also saying that my I-94 on my H4 (passport) and on my I-797 is same… and also they told me that I should apply to INS for I 688B or I 766 (even SSN people not sure about this I688B/I766)….I am really confused here.. Till now, I didn’t know my H1 status was changed because I entered US with my H4 visa. … What should I do now, to come back to my H1 status??. Going for stamping is the only option I have ? I can go for the stamping,,, no problem for me, but the thing is its been almost 6 months since I got my H1 approved!!! Will this cause any problems at the H1 stamping?? And what should I take with me at the stamping??, since I didn’t work I have no pay slips nor tax papers,. I had my credentials evaluated when I done my H1. .. If I have to go for stamping I am thinking to go to Canada, may be Toronto… or do I have to go to India for the stamping,, ??

Please give some advice

Thank you

Pramodesh

[ImmigAttyLana]

The only way to get the status changed back to H-1B now is to file a new H-1B petition and pay all the fees again. Otherwise, you have to go to India to consular process, as it is very unlikely that either Canada or Mexico will consular process your H-1B visa there.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

[Pramodesh]

thank you very much for your reply..

Does that mean my old H1 is invalid and if of no use?