H1 - H4 COS and Stamping Advice..

[getvee]

Hello senior Members,
Please advice on the following situation,
My wife is on H1 and she wants change her status to H4 .

Question is,
If she wants to change her status again to H1 (once she get a job),
Is she needs to wait for April quota ?OR She or her employer can apply for COS any time(once she get a job)?

If she wants travel to India and get H4 stamped , does she needs wait for H4 approval?
Thx,
Vee

[arajesh19]

Hello senior Members,
Please advice on the following situation,
My wife is on H1 and she wants change her status to H4 .

Question is,
If she wants to change her status again to H1 (once she get a job),

--- Once she is on H4 and has a new job, then a COS has to be filed by her employer and only on approval of the COS can she start working.

Is she needs to wait for April quota ?OR She or her employer can apply for COS any time(once she get a job)?

--- Since she already had an H1B, she will not be subject to the quota, which means, her employer can file for her H1B petition at any time. She can only start working after the COS from H4 to H1B has been approved.

If she wants travel to India and get H4 stamped , does she needs wait for H4 approval?

--- If her COS from H1B to H4 is in process and she leaves the country, then in that situation, she can take an appointment for H4 stamping based on the principal applicant's I-797 petition. Seniors, please correct if there is an error.

Thx,
Vee

Thanks
Rajesh

[getvee]

Thankyou very much for the reply Rajesh,

Could you please let us know the time duration for COS from H1B to H4 ?

can you also clarify - if she changes her status on April 25th untill what date she needs to have her paystubs ?
(her company runs the payroll on every 10th & 25th)
(i.e) last 15th-30th/31st will be run on 10th of every month and 1st-15th will be run on 25th of every month.

Thanks again in advance.
Vee

[arajesh19]

Thankyou very much for the reply Rajesh,

Could you please let us know the time duration for COS from H1B to H4 ?

can you also clarify - if she changes her status on April 25th untill what date she needs to have her paystubs ?
(her company runs the payroll on every 10th & 25th)
(i.e) last 15th-30th/31st will be run on 10th of every month and 1st-15th will be run on 25th of every month.

Thanks again in advance.
Vee

--- From other posts in this forum, the COS can take anywhere between 2-4 months.

--- For COS from H1B to H4, you are legally required to provide all paystubs to prove a valid H1B status. If your wife has been working for 12 months, then a total of 24 paystubs, even if that sounds unreasonable. At the worst case, if you send 2-3 months worth of paystubs, you might get an RFE from the USCIS requesting paystubs for the previous months as well. Every case is unique though.

Seniors, please correct if there is an error.
Thanks
Rajesh