H1 to H4 -Change of Status and no Paystubs

[seeri]

Hi ,
Can anyone please help me on below status change:
I am on H4 and I had a valid visa till Sep,2015. My H1b got approved Oct,2013 and I am on H1 status from oct, 2013 to till now (i.e Mar 2015). My employer could not find any project and did not go into payroll. I am planning to change my status from H1 to H4.

My questions are:
1)what is the best way to change my status from h1 to h4 without pay stubs. I would like to get my change of status in US if possible. I am planning to apply for my (change of status + extension) along with my husband H1 extension in premium.
2)Is it common to get RFE asking for paystubs as there is no need to submit at the time of applying for change of status from H1 to H4 in US using I539.
2) If there is a RFE for paystubs or something else I can withdraw my petition right? can I then go back to home country and get my H4 stamped. Will this RFE impact me in future during green card processing etc.
3)i go through so many blogs saying going out of country and getting stamped on h4 is the best way..If i do this,Is there any chances to ask about my H1-B visa and pay stubs during stamping or Port of entry.
4) If I decide to go to home country for stamping, in DS160 form for the question " were you previously employed? ", should I say Yes or No.

Please suggest me in this regard soon.
Thank you

[raghvi]

Hi ,
Can anyone please help me on below status change:
I am on H4 and I had a valid visa till Sep,2015. My H1b got approved Oct,2013 and I am on H1 status from oct, 2013 to till now (i.e Mar 2015). My employer could not find any project and did not go into payroll. I am planning to change my status from H1 to H4.

My questions are:
1)what is the best way to change my status from h1 to h4 without pay stubs. I would like to get my change of status in US if possible. I am planning to apply for my (change of status + extension) along with my husband H1 extension in premium.
2)Is it common to get RFE asking for paystubs as there is no need to submit at the time of applying for change of status from H1 to H4 in US using I539.
2) If there is a RFE for paystubs or something else I can withdraw my petition right? can I then go back to home country and get my H4 stamped. Will this RFE impact me in future during green card processing etc.
3)i go through so many blogs saying going out of country and getting stamped on h4 is the best way..If i do this,Is there any chances to ask about my H1-B visa and pay stubs during stamping or Port of entry.
4) If I decide to go to home country for stamping, in DS160 form for the question " were you previously employed? ", should I say Yes or No.

Please suggest me in this regard soon.
Thank you

First thing you have to do is determine if at all you are in H1 status. Was your original H1 approved as COS with a new I-94?

If yes, then am afraid you have been sleeping for over 17 Months. You cannot take such change of status lightly ....and being out of status for nearly 17 Months, one could potentially face a ban too. I would suggest you talk to a lawyer in that case. Once out of status, you cannot change status to another one.


1. No best way while staying in US.Nunc-pro-tunc was one but considering the fact that you are potentially out of status for over 17 Months I would suggest you talk to an attorney.
2. Yes, as paystubs are the strongest way to prove you in valid H1 status.
3. Yes considering the fact that you are out of status for so long, you would have to declare it in the DS-160, if you dont, it could be questioned later.
4. If H1 was indeed a COS then that would be a lie, you were employed but employer didnt pay you which is illegal.

This is my opinion not legal advice.