**URGENT FEEDBACK REQUIRED** - H1 to H4 and then to H1 again...

[deep_USA]

Hi,

My wife got H1 in 2008 quota. But since Oct 2008 till now she has not got any job. Now, her employer is suggesting her to change her visa status from H1 to H4 so that she would not loose her H1 (being unpaid for six consecutive months). Please help me clarify the following queries:

1. Can my wife change her Visa status from H1 to H4 for the time being and then continue searching for a job?
2. Once she gets a job, her employer is promising to change her Visa status back to H1 and let her continue the Job. Is it possible?
3. Is there any rule that if you are on H1 for 6 months without job/pay, then USCIS is going to cancel the H1?
4. Also, her Employer is not ready to provide any pay stubs (atleast for last 3 months). Otherwise we could have transferred her H1.

Please suggest what to do. Really need your valuable feedbacks.

[honestimmigrant]

Hi,

My wife got H1 in 2008 quota. But since Oct 2008 till now she has not got any job. Now, her employer is suggesting her to change her visa status from H1 to H4 so that she would not loose her H1 (being unpaid for six consecutive months). Please help me clarify the following queries:

1. Can my wife change her Visa status from H1 to H4 for the time being and then continue searching for a job?
>> Yes
2. Once she gets a job, her employer is promising to change her Visa status back to H1 and let her continue the Job. Is it possible?
>>Yes she wouldn't be counted in the cap as she already was selected in the lottery once.
3. Is there any rule that if you are on H1 for 6 months without job/pay, then USCIS is going to cancel the H1?
>> She is out of status if there is no pay. Legally she got H1 because she is supposed to have a job. You should sue her employer and ask him to pay the salary from oct 2008.
4. Also, her Employer is not ready to provide any pay stubs (atleast for last 3 months). Otherwise we could have transferred her H1.

>> Illegal to provide pay stubs when there is no pay.

[txh1b]

Hi,
1. Can my wife change her Visa status from H1 to H4 for the time being and then continue searching for a job?
>> Yes
.

1. No. For any status change, proof of holding valid current status is needed. Your wife is out of status and no further status changes can be done inside US.


Complain to DOL on a WH4 form. You have to be paid from day 1 as per the law and it is not optional.

[deep_USA]

Thanks for the valuable feedback. I've few other question now. Please clarify the same as well. Really appreciate your cooperation.

1. My wife came to USA on H4 in May 2007 and then we filed for her H1 here. She got H1 in 2008 quota. Since then she has not got any project. But her earlier H4 is stamped till 29 Mar 2009. She doesn't have her H1 stamped yet. Now, in this situation, can my employer file for her H4 extension (as originally my employer only sponsered her H4)?

2. In case her Original H4 extension is not possible, can she file for COS from H1 to H4 using form I-539?

3. Does she need any pay stub to be submitted during filing COS using the I-539 form? As she doesn't have any pay stub with her right now, then what should be the alternative way?

4. Can she file for COS in USA before 29 Mar 2009 (as H4 is stamped till that time) and then remain staying in USA?

Please suggest. Really appreciate your valuable feedbacks.

[txh1b]

1. no
2. No
3. Yes
4. No

The previous post pretty much clarifies all these questions.