H4 to H1 Transfer

[ahkayastha77]

Hi:
Till this time, I was on H4 visa. This year I filled h1b visa, and just I got H1 approval. But still I didn't get any documents and in december I am travelling to India. By that time, I will be getting my h1b documents. But by that time, I will be not getting at least 2 pay stubs. While filing h1b, I have clearly mentioned that till this time, I was on dependant visa [h4 visa] in USA.

So, my confusion is, do I need to wait for at least 2-3 pay stubs and then go for India and get the H1b stamp or shall I go without pay stubs and can go for fresh h4 to h1b transfer?

Please advice me.

-AK

[txh1b]

First Question: Was it a COS (Change of Status)? If so, you are already on H1b and need to be working and getting paid. No exceptions.

[ahkayastha77]

thanks in advance...

Hi:
Thanks for the reply.
Here, I have changed my status from h4 to h1. I am still in USA. But to attend some social function, I am visiting india on december 1st week. So, I don't think that by that time, I will be getting my SSN. And if I am getting SSN then also, I am not expecting 2-3 paystubs. So, without those things, can I go to India, and instead of h4 renewal, shall I go to consulate office and get H1 stamped? Or without paystubs, I will get rejection?

-AK

First Question: Was it a COS (Change of Status)? If so, you are already on H1b and need to be working and getting paid. No exceptions.

[txh1b]

SSN has got nothing to do with employment or the pay. A good HR can handle a paycheck with proof of SSN application. I-9 requirment does not have SSN listed for employment eligibility verification.


You are part of the Consulting companies benching people I guess. The law requires you to get paid all the time or brace yourself for more problems.