What is the best way to convert H1 to H4 Visa ?

[Santhosh Gandhe]

Hi,

My wife has pay slips until April 2013. She is not working after that. What is the best way to convert her Visa status to H4, as she don't have her latest payslip ? If we still go with I-539 Status change, will there be any question about the latest payslip ? Otherwise, She can just travel back to India and come back on H4 Visa in some later month ? If she just travel back, what happens to her H1 Visa ...? Will she be able to work or get H1 Visa in future or not ?

Thank In Advance for the reply.

[raghvi]

Hi,

My wife has pay slips until April 2013. She is not working after that. What is the best way to convert her Visa status to H4, as she don't have her latest payslip ? If we still go with I-539 Status change, will there be any question about the latest payslip ? Otherwise, She can just travel back to India and come back on H4 Visa in some later month ? If she just travel back, what happens to her H1 Visa ...? Will she be able to work or get H1 Visa in future or not ?

Thank In Advance for the reply.

What do you mean not working after Apr 2013? Is she on leave or something? if she is on H1 she has to work to maintain status and she has to get paid as per LCA if not she goes out of status and can't do a change to another visa type. If she does not have latest pay slip then she is out of status.

She can travel and return back after getting H4 stamped but she is accumulating out of status period which may or may not be questioned.

Yes if she hasn't used 6 years of H1 it may be possible to use the H1 petition in future, her visa may get cancelled when she goes for H4 stamping. But the petition will be valid.

This is my opinion not legal advice.

[sairam005]

I am in similar situation

I was on H4 but I got H1 in 2012 and I worked for a year on H1b but in the middle of June 2013 my employer informed me that he is going to revoke my H1 due to I am on bench. I have pay stubs till May 30th 2013 and he informed middle of June,2013 regarding revoking my H1.

Through Attorney applied to COS immediately next day of my employer information on revoking my H1, even I got my USCIS receipt notice. My main problem is some of my friends informed me that I have to run my salary until I will get my H4 approval or else I will go out of status. I spoke to my Attorney he is telling that three months of pay stubs are must before applying COS but after receiving Receipt notice from USCIS won't conform my status is changed and I will be on H1 status until I will get H4 Approval notice, till that time I have to maintain my H1 status by running the salary. The Attorney is expecting that USCIs may ask for pay stubs after the receipt notice period or June 2013 pay stubs.

I am fully worried what to do ?? my spouse is holding his H1 and recently he got transfer to another employer and he got H1 approval before I apply my COS and he started working for new employer from middle of June, 2013 and he don't have any pay stub from his new employer but I took a letter from new employer saying that he is working from so and so dates and they will run his salary after 30 days of joining and they mentioned his e-verify number with start date in the letter. My spouse don't have stamping in his H1.

I am requesting my employer to run my salary but he is not willing to do that. I am not getting what to do in this situation. I have all the pay stubs for one year till May, 2013 and W2 for 2012.

One more important thing is My I -140 in process under EB2 and I may get the decision by Middle of August, 2013.

Please answer my questions below:
1. Do I need to run my salary even after receiving receipt notice from USCIS for my COS from H1 to H4??

2. Do I need to wait in USA till I get RFE or approval from USCIS for COS from H1 to H4???? (Or) I need to go out of country with receipt notice and get stamped on H4 and enter in to US???

3. What about my I -140 process in case my employer won't revoke I140 but he may revoke H1????

4. My I 140 process will be continued still after my COS from H1 to H4??? Do I need to request him to change the I140 process from employed state to future employment ???


Please help me by answering my questions

Thanks

Sreeveni

Hi,

My wife has pay slips until April 2013. She is not working after that. What is the best way to convert her Visa status to H4, as she don't have her latest payslip ? If we still go with I-539 Status change, will there be any question about the latest payslip ? Otherwise, She can just travel back to India and come back on H4 Visa in some later month ? If she just travel back, what happens to her H1 Visa ...? Will she be able to work or get H1 Visa in future or not ?

Thank In Advance for the reply.

[sairam005]

H1 to H4 change of status and I-140 EB2 in process

I was on H4 but I got H1 in 2012 and I worked for a year on H1b but in the middle of June 2013 my employer informed me that he is going to revoke my H1 due to I am on bench. I have pay stubs till May 30th 2013 and he informed middle of June,2013 regarding revoking my H1.

Through Attorney applied to COS immediately next day of my employer information on revoking my H1, even I got my USCIS receipt notice. My main problem is some of my friends informed me that I have to run my salary until I will get my H4 approval or else I will go out of status. I spoke to my Attorney he is telling that three months of pay stubs are must before applying COS but after receiving Receipt notice from USCIS won't conform my status is changed and I will be on H1 status until I will get H4 Approval notice, till that time I have to maintain my H1 status by running the salary. The Attorney is expecting that USCIs may ask for pay stubs after the receipt notice period or June 2013 pay stubs.

I am fully worried what to do ?? my spouse is holding his H1 and recently he got transfer to another employer and he got H1 approval before I apply my COS and he started working for new employer from middle of June, 2013 and he don't have any pay stub from his new employer but I took a letter from new employer saying that he is working from so and so dates and they will run his salary after 30 days of joining and they mentioned his e-verify number with start date in the letter. My spouse don't have stamping in his H1.

I am requesting my employer to run my salary but he is not willing to do that. I am not getting what to do in this situation. I have all the pay stubs for one year till May, 2013 and W2 for 2012.

One more important thing is My I -140 in process under EB2 and I may get the decision by Middle of August, 2013.

Please answer my questions below:
1. Do I need to run my salary even after receiving receipt notice from USCIS for my COS from H1 to H4??

2. Do I need to wait in USA till I get RFE or approval from USCIS for COS from H1 to H4???? (Or) I need to go out of country with receipt notice and get stamped on H4 and enter in to US???

3. What about my I -140 process in case my employer won't revoke I140 but he may revoke H1????

4. My I 140 process will be continued still after my COS from H1 to H4??? Do I need to request him to change the I140 process from employed state to future employment ???
5. In case I get a project before I get COS approval notice from USCIS, Can I request by sending letter to USCIS to cancel my COS request from H1 to H4 and allow me to continue on H1b????


Please help me by answering my questions

Thanks

Sreeveni