H1 to H4 questions

[ritu18]

Hi
I am currently on H1.If i get laid off , or go on bench without getting paid for more than 3 months , how soon I can change to H4 Visa without getting out of status.
If a person is on bench without being paid for 4 months , but is still employed by their company , can they file for H4 thru their spouse.Will INS treat them to be out of status if they know that they were not paid since last 4 months or so.
Thanks very much

 

[jaxen]

If they know that you are not paid for 4 months...

Definitely YES. But they will issue the H4 and will ask you to get a new I94 by traveling out of US and come back in H4. Might have to get a stamp then.
If it is proven that you were "out of status" for more than 6 months you might be deported or barred from entering US (using any visa) for 3-10 years.

 

[calsanj]

H1-B visa stamp revalidation in India (Mumbai)

I\'m planning to go to India next month. I have my visa stamped till May 2003 for my previous employer but he cancelled my H1B. I have my new I797 from my new employer.

Now the question is, Do I need to go for Visa stamping in India (Mumbai) & what is the procedure ? or can Come back & do it here.