Hi!!
I have posted an answer to a similar question asked by someone else on this forum. I am pasting that answer again below. Hope this helps.
1. Technically your wife's status changed as soon her H1 was approved. She is no longer on H4 status. I am sorry to say but she is out of status since she does not work for company "A".
2. I think you should not wait any longer on this out of status phase. The longer she will be out of status the more issues will come up.
3. Sometimes BCIS asks for last paystub to get converted back to H4 from H1 visa but in ur wife's case she does not have one. No problem take a chance to file without paystub and wait and watch what happens. If you r lucky BCIS may not ask for a paystub and if they ask for one talk to her employer to provide one or if that is not possible to provide a employer letter as a proof of employment.
4. Take advice from ur company lawyer or any other lawyer whom u think is appropriate to file for her H4 again.
My sincere opinion is not to waste a single day as some of these computer co's don't worry about ur status being lost in U.S.
Goodluck and All the best.
I have posted an answer to a similar question asked by someone else on this forum. I am pasting that answer again below. Hope this helps.
1. Technically your wife's status changed as soon her H1 was approved. She is no longer on H4 status. I am sorry to say but she is out of status since she does not work for company "A".
2. I think you should not wait any longer on this out of status phase. The longer she will be out of status the more issues will come up.
3. Sometimes BCIS asks for last paystub to get converted back to H4 from H1 visa but in ur wife's case she does not have one. No problem take a chance to file without paystub and wait and watch what happens. If you r lucky BCIS may not ask for a paystub and if they ask for one talk to her employer to provide one or if that is not possible to provide a employer letter as a proof of employment.
4. Take advice from ur company lawyer or any other lawyer whom u think is appropriate to file for her H4 again.
My sincere opinion is not to waste a single day as some of these computer co's don't worry about ur status being lost in U.S.
Goodluck and All the best.
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