H1 to H4 (Please Help)

[akash169]

Hello,

Situation: I was laid off on 12/10/2009 .I was on H1 with Employer A till then.
I have all the Pay Stub that i received on 12/11/2009. There will be no more pay stubs coming my way after this date. I got married to my Fiancee today(12/16/2009) and got my marriage certificate. She is on her H1 and is getting paid on time. I understand that i am off status the day i was laid off and there is no grace period to that. Also, i checked with my employer that my H1 was not revoked as yet.

My Questions are:

1) Do you think USCIS will reject my COS to H4 from H1?
2) Is it better to apply for COS to H4 through consular processing or in USA?

The only concern i see here is the date of marriage, as it is after the lay off date

[shervin143]

Answers below

Hello,

Situation: I was laid off on 12/10/2009 .I was on H1 with Employer A till then.
I have all the Pay Stub that i received on 12/11/2009. There will be no more pay stubs coming my way after this date. I got married to my Fiancee today(12/16/2009) and got my marriage certificate. She is on her H1 and is getting paid on time. I understand that i am off status the day i was laid off and there is no grace period to that. Also, i checked with my employer that my H1 was not revoked as yet.

My Questions are:

1) Do you think USCIS will reject my COS to H4 from H1?
>>>> Apply for COS to H4 immediately. Since you have your pay stubs until 12/11 your chances of a succcessful COS is high (Unless your delay it further). Or leave the country immediately, get your H4 stamped and re-enter in your H4 visa.

2) Is it better to apply for COS to H4 through consular processing or in USA?
>>>> There is no such things as "COS to H4 through consular processing". You either apply for COS to H4 or leave the country and get the H4 stamped to re-enter.

The only concern i see here is the date of marriage, as it is after the lay off date