Need Help - H1- H4 information

[snam]

hi,

Need help in clarifing some confusion.

My wife entered US on h4 in 2008 and later got an H1 in the start of 2010.
She worked till October and completed her project. Now we are planning to go to India for a vacation.

As she do not have a project, she does not have client letter. So in this situation is it good to go for stamping? Is the Client letter really necessary?

What is this Change of Status? If my wants to go to india on H4, do i need to apply for change of status? Or can we go and while coming can we just do a h4 stamping?

After coming, if we re-apply fro H1, do we need for the approval or is there any change of status?

Waiting for reply.

[shervin143]

Is she still getting paid? To maintain a valid H1B status, she need to be working and getting paid. If not she is out of status on H1B and a COS to H4 is not possible from within U.S. There are chances that the VO might question the same when you go for visa stamping. If her employer is not paying her and if they haven't revoked her H1B yet, then you should complaint to DOL and make the employer pay to avoid future issues. A copy of a complaint to DOL may help when she goes for her stamping the next time.

Go through all the below links.

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

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

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

[snam]

Thanks for the reply.

She is getting paid. But at this moment she is not in project and hence no client letter.

So pay stubs is not an issue. Issue is with Client letter.

Now, if she goes out of country and returns back on H4, can we do a Change of Status from H4 to H1 ?

[shervin143]

As long as she is getting paid, she is okay. When she returns back in H4 visa, her status will automatically become H4 and you don't need to file a change of status. You need to file the COS only if you want to change her status from H1B to H4 from within U.S. After returning back in H4 visa, she cannot work. If she want to work, her employer will need to file a COS from H4 to H1B and that should get approved for her to start working. Or she will need to leave the country and return back in H1B visa.