Change of Status from H1 to H4

[Ven]

Hi,

I need some help. I came to US in Apr 2011 on H4. I got my H1 approved on Feb 2013. Now I am planning to change my status back to H4. the last pay stub I got is Mar 2013 paid in April 2013. If I apply COS with Mar pay stub, will my COS application be approved?

Thanks

[raghvi]

Hi,

I need some help. I came to US in Apr 2011 on H4. I got my H1 approved on Feb 2013. Now I am planning to change my status back to H4. the last pay stub I got is Mar 2013 paid in April 2013. If I apply COS with Mar pay stub, will my COS application be approved?

Thanks

What about after that? Apr, May, June? If you don't have the pays tubs till the time you apply for H4 it means you are not in H1 status , if you are not in status you can't apply a COS to another status.

This is my opinion not legal advice.

[kabkaba]

Since you are not maintaining your current status, you will not be able to change status.

You can complain to DOL using form WH4 for unpaid wages for all this period. USCIS may use this complaint and consider you for change of status. But it is discretionary.

[Ven]

What about after that? Apr, May, June? If you don't have the pays tubs till the time you apply for H4 it means you are not in H1 status , if you are not in status you can't apply a COS to another status.

This is my opinion not legal advice.

I don't have any pay for last three months and I am about to submit COS. Any chance of getting RFE?

[raghvi]

I don't have any pay for last three months and I am about to submit COS. Any chance of getting RFE?

As Kabkaba mentioned file a DOL complaint if th eemployer is willingly not payign you. If you resigned/not working voluntarily you cant file a DOL complaint. Without an associated DOL complaint, yes, you have high chances of RFE and rejection too. With each passing day you are accumulating more out of status period.

H4 decisions can sometimes take months, the longer you are out of status the more difficult it would be for you to get a new visa later on when you go for stamping/renewal.

This is my opinion not legal advice.

[Ven]

As Kabkaba mentioned file a DOL complaint if th eemployer is willingly not payign you. If you resigned/not working voluntarily you cant file a DOL complaint. Without an associated DOL complaint, yes, you have high chances of RFE and rejection too. With each passing day you are accumulating more out of status period.

H4 decisions can sometimes take months, the longer you are out of status the more difficult it would be for you to get a new visa later on when you go for stamping/renewal.

This is my opinion not legal advice.

OK, I understand. I will ask my employer to run the pay check for June and will apply COS with June pay stub. Will that work?
If needed I will aslo get the vacation letter for April and May. So June pay stub and 2 months vacation letter will work?