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Here's my case, i came here january 2010 under H1b and my visa will expire on sept. 2010. My current employer was not able to provide me with a job until now... I am here nearly five months doing nothing.. no paystubs... and my family's H4 will also expire on sept.10, I am planning on transferring to another company so they are filing for a visa extension and "transfer"..if the visa transfer gets approve and my family is to come here in August, is their H4 visa still valid. can they use the visa that they have or they have to go to US consul and have it stamped with the new visa?... please.. i need an immediate answer.... if you can get back to me real quick i'd appreciate it a lot.
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Go through the below links and understand your roles and responsibilities as an H1B worker. Your employer is suppose to pay you irrespective of whether you are in a project or not. You are out of status on H1B now and a successful transfer without pay slips is very very less. Being out of status for such a long time will cause issues later. This will reflect in your W2 by the end of this year and will be questioned when you or your family go for visa stamping next time. In order to get back to status, make your employer pay. You can file a complaint againt them with DOL. Check the below links.
Your family can travel as long as their current visa is valid. They will need to carry your latest approval notice, latest pay slips and employment authroization letter.Not a legal advice. Use of this information is strictly at your own risk. -
Can she tavel on H-4 applying for H1-B
Hi,
I have applied to H-4 to H1B on May 03 2010 for my wife and it is in pending status now.
1. Can she travel to India now and come back on H-4 before oct-01?
2. If she travels to India on h-4 and comes back on h-4, Can she start working after Oct-01 without getting the visa stamped on passport?
Thanks,
-Ram.Comment
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1. Can she travel to India now and come back on H-4 before oct-01?
>>> Yes. But if her H1B is applied as a COS from H4, then it is advisable to avoid traveling outside the country as the COS might get denied.
2. If she travels to India on h-4 and comes back on h-4, Can she start working after Oct-01 without getting the visa stamped on passport?
>>> Possible, if the H1B approval is a COS (Meaning, the approval notice comes with a new I-94). Otherwise, she will need to travel back to her home country, get her H1B stamped (1st time H1B stamping should be done at the home country) and re-enter in H1B visa to start working.
Note: Please post your question in a separate thread and not at the top of someone else's post.Not a legal advice. Use of this information is strictly at your own risk.Comment
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