Legal Question in Immigration Law in California

It is not clear from your fact pattern that your \"conversion\" from H-1B to H-4 was a change of status filed and approved in the U.S., and whether your spouse continued to be in lawful H-1B status during that time. Additionally, you mention that you have an H-1B that was \"approved\", but it is unclear whether it was approved as a change of status from H-4 to H-1B, or whether you left the U.S. and returned in H-1B status. Would need to know whether your \"leave of absence\" means that you were continuing to be paid at your approved H-1B salary, etc. In short, I think it is best if we had a detailed conversation about your current situation and could be provided the copies of the documents showing your I-797A approval notices, I-94 card and stamps in your passport in order to best answer your question. In general, if you have left the U.S., and would like to re-enter the U.S. in H-1B or in H-4 status, you will need the following documentation (1) approved H-1B or H-4 visa in your passport; (2) original USCIS I-797A approval notice (if applicable); (3) unexpired passport that is valid for at least 6 months. If you are applying for a visa at the consulate, you will need: (1) your passport as mentioned above; (2) the original approval I-797A notice (3) if H-4, original marriage certificate; (4) proof of continued employment, e.g., paycheck stubs and / or a current letter verifying your employment or your spouse\'s employment; (5) copy of the I-129 petition, the employer letter detailing the job description and occupation you hold, and the certified LCA; (6) perhaps other information showing that the company is still a viable company, depending on the type of company, etc. I would be happy to talk to you for a consultation via email offline at [email protected], or can be reached at 415-387-1364 so that we can clarify all of the above-mentioned information.

It\'s no clear from your facts what went on exactly. If you changed from H-4 to H-1 status and then took a leave without going back on payroll, you\'d need paystubs from before the leave of absence. If you were working just before filing for H-4 for the second time via change of status, you\'d need later pay stubs. With your husband an H-1 there are also details related to his status that need to be sorted out as well. You can change status in the U.S. if you have maintained status. That may or may not have occurred. If it didn\'t, then you\'d need to make an new entry. There is a possibility you may also need a new visa. If you depart the U.S. you should turn in both I-94s. It might be advisable to let CBP know you\'re turning them both in on the same date through documentation, but then again, depending on your details, that fact might not be specified. To apply for entry to the U.S., assuming you have a valid visa, you should also have a copy of your immigration history: petitions, approvals, I-94s, marriage certificate and the same documents for your husband. His maintenance of status affects you too.\n\nYou case is complex enough to require clarity provided by consultation. I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, phone at 818 609 1953 or email me at [email protected]. Until then, please don\'t rely on this as legal advice.\n\nAlice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization\n\nA ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine\n