H4 - H1 question

[dinesh33]

Hi,

I am currently on H1 and my wife on H4. Her H1 was approved past Oct, but we did a COS to H4 as she did not have any project. Now she is doing her job search and the plan is to convert H4 to H1 when she finds a client project. The situation is that I am going to India for 3-4 months and would be working remotely. In the mean time if she receives an offer and applies for H1 she would probably need my pay stubs (at least she needed when we did her H1 for the first time).

1. If my pay stubs are required, then will it create any problems, because I am in India
2. Is she even on valid H4 status if I am in India. I mean even if my paystubs are not required, will USCIS consider her stay in US as "Out of Status". My point is that, if she cannot prove her valid H4 status when I am in India (when doing H4 -H1), then she might as well accompany me.

Thank you in anticipation.

Regards.

[shervin143]

3-4 months is long time for an H4 to stay in the country without the primary H1B applicant. Typically she will go out of status since you are not in H1B status during that period. In which case, COS to H1B is not possible.