am I out of status?

M

maykitty

New Member
I am on H1b status, due to family emerency, I went back my home country for 4 months and back to US with H1b stamp. Due to my health condition, I am not be able to work, my company decide to take me off the payroll if I still can not work by the end of Dec.

1.If I change my visa from H1 to H4 by the end of Dec, since I don't have most recent paycheck stubs,(I am on the payroll without pay) am I out of status?

2.If I am not out of status,I plan to change from H1 to H4, due to family needs, I may need go back my home county before I get H4 approval notice, if I apply H4 visa at US embassy , do I need H4 approval notice from USCIS?
 
maykitty said:
I am on H1b status, due to family emerency, I went back my home country for 4 months and back to US with H1b stamp. Due to my health condition, I am not be able to work, my company decide to take me off the payroll if I still can not work by the end of Dec.

1.If I change my visa from H1 to H4 by the end of Dec, since I don't have most recent paycheck stubs,(I am on the payroll without pay) am I out of status?
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You said you will be off payroll by end of december. should you wish you continue on H1-B status, later IF your illness is GENUINE and you really are under medical treatment; you can present medical cert, bills from doctor if question arises on your H-1 status. you will need paystubs when either you are extending/transferring your visa or you appear for visa stamping in near future.

maykitty said:
2.If I am not out of status,I plan to change from H1 to H4, due to family needs, I may need go back my home county before I get H4 approval notice, if I apply H4 visa at US embassy , do I need H4 approval notice from USCIS?
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It's not advisable to travel while COS is in process. you should wait to receive H4 approval after filing I-539.
 
thanks for the reply. If I go back my home country for H4 visa, do I still need provide my H1 paystubs? I got my h1B stamp without asking paystubs.
Thanks again.
 
maykitty said:
2.If I am not out of status,I plan to change from H1 to H4, due to family needs, I may need go back my home county before I get H4 approval notice, if I apply H4 visa at US embassy , do I need H4 approval notice from USCIS?
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If you left the US when COS is pending, you need to get H4 stamp after your H4 application was approved and reenter the US to be on H4.
 
Thanks, if I do not change my status within US, and go back my home country for a H4 visa stamp, I only need H1 holder's approval notice as well as other supporting documents from H1b holder, right? Do I need my paystubs ?
 
maykitty said:
Thanks, if I do not change my status within US, and go back my home country for a H4 visa stamp, I only need H1 holder's approval notice as well as other supporting documents from H1b holder, right? Do I need my paystubs ?
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In theory, you are right. but have some paystubs just in case.
 
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