H-1 to H-4 Stamping Mexico - Issues

[prasu1987]

Hi - My wife came to US to H-4 in 2011 and moved to H-1B from Oct 1st 2014. Her employer put her on bench from April 2015 and not running any pay stubs from then.

Our family is planing to visit Mexico, during our trip, I am planning to renewal my H-1 Visa from same employer and also my wife is planning to change her H-1B to H4 Visa.

Questions:

1) Can she be allowed to go to Mexico for her H-4 Stamping along with me as a H-1 dependent? If not, do you recommend us or her to go to India for our stamping?

2) Since she don't have her H4 I-797 as she is staying in US currently on basis of her H-1, would that be a concern during Visa stamping?

3) Does Visa officer ask for her pay stubs even though she wanted appear for H-4 interview as a dependent?

4) What chances she would have if she want to move to H-1B after coming back to US on H-4? Will H-4 to H-1 COS needs previous pay stubs?

Thank You

[shervin143]

1) Can she be allowed to go to Mexico for her H-4 Stamping along with me as a H-1 dependent? If not, do you recommend us or her to go to India for our stamping?
>>> Not advisable since she is out of status on H1B. If her H4 is denied for being out of status, then she won't be able to return back but leave from Mexico back to India.

2) Since she don't have her H4 I-797 as she is staying in US currently on basis of her H-1, would that be a concern during Visa stamping?
>>> Nope. H4 I-797 is not needed to get the H4 visa stamped.

3) Does Visa officer ask for her pay stubs even though she wanted appear for H-4 interview as a dependent?
>>> They can. They would try to make sure they the person maintained his/her visa status while in U.S. It is up to the VO.

4) What chances she would have if she want to move to H-1B after coming back to US on H-4? Will H-4 to H-1 COS needs previous pay stubs?
>>> No. H4 to H1B does not need any pay slips. But she will need to provide copies of W2 which will clearly show that she did not maintain her H1B status. The employer should pay irrespective of whether there is work or not. If not, you can file a complaint with DOL amd make the employer pay to reinstate her H1B status.