H1B to H4

[contact2sam]

I am on H1B and just applied for COS from H1B to H4. I have applied without last 2 week paystuff. so In case , if my COS get rejected after 6 month.

1. Will USCIS count that I was out of status for 6 month? or Just for 2 week as I have applied COS just after 2 week?

2. What are options after rejection?

Please reply...

Thanks
-Samir

[orion]

1. If you did not send your recent paystubs they will assume you as being out of status and deny you a COS to H4.

2. Then you will have to leave. You have already been out of status, since the day you dont have a job. They will assess the same.

[contact2sam]

Thanks for your reply.

As per my understanding , I can't stay in US in out of status for more than six month.

Does that mean I can't staty continuasly six month or total six month in my 6 year of h1b?

[txh1b]

You should not be out of status for a single day. Who said it is ok to be out of status for 6 months?

[contact2sam]

Appreciate your reply. I agree I can't be out of status for a single day. I applied for COS for H1B to H4 but without last week pay stuff.

1. In case , it get rejected, they consider you out of status for total days (2 week + proccesing time of COS) . My attorney said it could be big problem if it exceed 6 month and ban reentry. Here my question is that re-entry ban is for person who stay out of status for continuasly six mont or total six month in his H1B ?

2.After a month or so.. when COS is in process, Can I go back to India and comeback on H4 visa? so when i need to go back to h1b. my case will be clear? Please add your suggestions as it's difficult for me to go to inida right now.

3. my H1B visa and stamping is valid till sept, 30. if I go to inida in june and back on H4, Do I need to do stamping as visa status is changed?

[txh1b]

Your attorney is right. If COS is denied, you are considered out of status from the day you stopped maintaining your H1b status. If the COS was filed immediately after the last pay perioed, you will most likely be fine. If you don't want to take the risk, travel and return on H4.

[contact2sam]

Thanks a lot txh1b. Thank you so much.

[contact2sam]

I applied for COS for H1B to H4 ...(case as below)

3. my H1B visa and stamping is valid till sept, 30. if I go to inida in june and back on H4, Do I need to do stamping as visa status is changed?

[txh1b]

I applied for COS for H1B to H4 ...(case as below)

3. my H1B visa and stamping is valid till sept, 30. if I go to inida in june and back on H4, Do I need to do stamping as visa status is changed?

Of course. You need a visa for the status that you want to enter into US at POE.