H1B-H4-H1B status...Urgent!

[ritrathod]

Hi,

I was on H4 status. I filed for H1B visa through a consulting firm in April 2008 which got approved (starting date: Oct 1st, 2008). I am going to India in April and coming back with H4 stamp. I will go back to H1B once I get another project.
My questions are:

1) To get H4 stamp in India, do I need any paystubs (how many?)?

2) To come back on H1B for the SAME employer:
a) Do I have to file for Change of status (application fee + lawyer fee= $600) OR apply for fresh visa (exempted from 65K cap, aplication fee + lawyer fee= $3500)?

b) Do I need any paystubs (how many) to show that I was on H1B before OR I797 approval notice is sufficient?

I would appreciate your help.

Thanks,
Rit

[orion]

How does it matter how many paystubs you need, when you dont have any. You have been out of status from 1st october.

[ritrathod]

Hi Orion,

I have paystubs till now.

So whenever I want to come back on H1B again, can I file COS (H4 to h1) OR I have to file for new H1 visa?

Do I need to show paystubs while coming back on H1?

Thanks,

[orion]

Did you not say initially that you never worked and were on bench?? And seems like you edited your original post!!?? Beware of using **** paystubs, I am strongly cautioning you. The consulates are stricter by the day now. They will want to see your W2, and if it doesnt match with **** paystubs, you are in for a big trouble.

Anyway, I'll give you the answers to your questions. To get H4 stamps, you need the H1's paystubs. Again, seeing that you have been on H1, they may ask you to provide paystubs and W2 to prove that you have been maintaining status. When you want to be back on H1, file a COS.