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Hi, i entered US in depandent visa H4 in 2006 with I-94 valid till 2008 February & then i filed for H1B petition & got approved for October 2007.but since then i havent got any project & am in bench without any paystub to maintain my legal status in US meanwhile iam expecting my baby soon.
Recently i came to know that am out of status because am not in companys payroll though my H1 visa validity is till 2010 & when i spoke to my company which holds my H1 they wanted me to go my home country & get H4 stamped or to apply for I539 in US stating health reasons.
Pls clarify on each of the following:
1.If i file I539 will COS(H1-H4 )go through without any paystubs?supporting it with health reasons & medical letter.
2.I was told,even if i try for visa H4 stamping from my home country,since i have stayed in US out of staus for an year so cant reenter US for 3 years- does the law say so-is that true?
3.also company says i can get back to US with H4 visa stamped in home country & again file for H1 amendment which doesnt come under H1cap- is that possible for this COS to go through as i dont have any paystub to support my H1
thanks in advance
Recently i came to know that am out of status because am not in companys payroll though my H1 visa validity is till 2010 & when i spoke to my company which holds my H1 they wanted me to go my home country & get H4 stamped or to apply for I539 in US stating health reasons.
Pls clarify on each of the following:
1.If i file I539 will COS(H1-H4 )go through without any paystubs?supporting it with health reasons & medical letter.
2.I was told,even if i try for visa H4 stamping from my home country,since i have stayed in US out of staus for an year so cant reenter US for 3 years- does the law say so-is that true?
3.also company says i can get back to US with H4 visa stamped in home country & again file for H1 amendment which doesnt come under H1cap- is that possible for this COS to go through as i dont have any paystub to support my H1
thanks in advance
