H1 to H4

[A_NYC2005]

Dear All,

1) I have a valid H1B visa till September 2011. I’m on bench since 5 months. I am told by my employer that he would transfer my H1 status to H4 pretty soon. I’m going to Bahamas in the month of December 2009. I have a valid Bahamas visa till Jan 2010. If my status gets changed from H1 to H4 will there be any problem at Port of entry? Do I need to go to my home country and have my H4 stamping done before I visit Bahamas? Or can I visit Bahamas on my H1B visa which is valid till September 2011 and re enter United States even after my H1B status was changed to H4.

2) Does the conversion of H1B to H4 involves any pay stubs, since I am on bench for 5 months I do not have any pay stubs with me. Kindly suggest.

3) Instead of going to home country for dependent Visa i.e., H4 stamping can it be done in Canada?


I would really appreciate a quick response.

Thanks

[shervin143]

1) I have a valid H1B visa till September 2011. I’m on bench since 5 months. I am told by my employer that he would transfer my H1 status to H4 pretty soon. I’m going to Bahamas in the month of December 2009. I have a valid Bahamas visa till Jan 2010. If my status gets changed from H1 to H4 will there be any problem at Port of entry? Do I need to go to my home country and have my H4 stamping done before I visit Bahamas? Or can I visit Bahamas on my H1B visa which is valid till September 2011 and re enter United States even after my H1B status was changed to H4.

>>>>> COS from H1B to H4 is not possible since you are out of status. You will have issues at the POE if you try to re-enter U.S in H1B visa without a job and when you are out of status.


2) Does the conversion of H1B to H4 involves any pay stubs, since I am on bench for 5 months I do not have any pay stubs with me. Kindly suggest.

>>>>> Yes. You need pay stubs.


3) Instead of going to home country for dependent Visa i.e., H4 stamping can it be done in Canada?

>>>>> Not advisable. Chances of your H4 stamping is pretty less. You need to complain to DOL and make your employer pay you for the last 5 months. Go through the below links and understand your rights and responsibilities as a H1B holder.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/

[A_NYC2005]

Thanks for your reply.

I have another question.. For H4 conversion, I'm not having any pay stubs since 5 months. Before I complain DOL about this, if suppose my employer cancels my H1b visa, will I be able to file a complaint on him to DOL about this after my H1b cancellation and get paid? will my complaint be considered after my visa gets cancelled?

Thanks

[shervin143]

Yes, you can.

Thanks for your reply.

I have another question.. For H4 conversion, I'm not having any pay stubs since 5 months. Before I complain DOL about this, if suppose my employer cancels my H1b visa, will I be able to file a complaint on him to DOL about this after my H1b cancellation and get paid? will my complaint be considered after my visa gets cancelled?

Thanks

[A_NYC2005]

Thanks for your reply...

I have another question.. If my employer cancels my H1B visa when I'm in Bahamas, is there a way that I can get my H4 visa stamped in Bahamas consulate by submitting all the required paper work for H4 stamping? or do I need to go back to my home country and get my H4 visa stamped.

I would really appreciate a quick response.

Thanks