H1 to H4 transfer

[sara77]

I enter USA on F2 then changed visa to H1 worked on it for 4.5 years. Not working since May 2010 (so do not have paystubs for last 6 months )and now want to change visa to H4. Is it advisable to go to India and apply directly for H4 instead of applying for COS in USA?

Thanks

[shervin143]

COS from H1B to H4 is not possible when you are out of status. Your only option is to go out of the country and return back in H4 visa. It is advisable to go to the home country for stamping since you are currently out of status.

[Subramanya]

I enter USA on F2 then changed visa to H1 worked on it for 4.5 years. Not working since May 2010 (so do not have paystubs for last 6 months )and now want to change visa to H4. Is it advisable to go to India and apply directly for H4 instead of applying for COS in USA?

---- On what visa status are you on right now. For the past 6 months if you do not have any vlegal visa status then you are out of status and staying illegally in the country

---- You should leave the US immediately before you accumulate further illegal status. Positively you will invite a ban of upto 10 years if your stayin the US is illegal for the past 6 months

---- Immediately go out of US, consult an immigration lawyer right away and try to get it addressed

Subramanya

[sara77]

Sorry for missing out the information, I am still on H1, it's valid till Oct 2012 and I was on maternity leave since May 2010 and now want to change visa to H4 to take care of our baby.

[shervin143]

http://www.immihelp.com/forum/showthread.php?t=78852

Sorry for missing out the information, I am still on H1, it's valid till Oct 2012 and I was on maternity leave since May 2010 and now want to change visa to H4 to take care of our baby.