H1 & H4 visa complications

G

generalqueryusa

New Member
Hi

My wife & I came to US last year on H4 & H1 visas respectively. Then I transferred my H1 to another employer after few months. But we haven't yet gone to India after that. So our passports still have original visa stampings. This year my wife applied for her H1 visa & it is recently approved. However, her employer has not given any papers in her hands. She does not have a client yet & the employer is not going to pay until she actually starts billing.

However, we have to go to India in January 2008 for 3 weeks. We've been told that we'll have to renew our visas before reentering US. So I have to stamp my visa for my current employer & my wife has to get her H1 stamped as she has changed her status from H4 to H1. But if she does not have any salary slip until we go to India, then it'll be difficult for her to get H1 stamped as she won't be able to produce salary slips during the interview.

So we are confused as to what the legal requirements are in this case & what options we do have. I'd be really grateful if someone can please advise me appropriately.

Thanks
 
Hi,

She will need atleast 3 paystubs for visa stamping, otherwise there is a high chance of denial. Tread carefully! If I were you, I'd cancel my India trip.

Note: My post is based on my limited knowledge. I am not responsible for any losses you may incur as a consequence of following my advice. So please act accordingly.
 
I would like to add that spending time in the U.S. on H-1B without pay, is accumalating illegal presence. I would file a change of status and put her back to H-4 at the earliest.
 
Thanks for replying to my query.
My wife has still not got her approval papers from the employer and when we asked for it he refused to give it & will only give when she gets a job. That is what he says!!
If we take the option of reverting back to H4, what documents will be required for doing so & much do we have to pay for that? We have already paid a big amount for filing for H1. Will we require paystubs for this, as it is almost the end of October? I would appreciate your further help!!
 
Go ahead and start searching for projects for your wife. Its not that difficult to get a job if you have the dedication and willpower. Dont wait for her employer to get her a project. That may take a while. They may wait till they get a project witha good billing rate and etc...

Once she starts working, she will get the pay stubbs. So that way its safe..

Also please note that since your wife's status was changed from H4 to H1, generally she will get around 45-60 days grace time [I have heard about this but not so sure. SO PLEASE CHECK WITH AN ATTORNEY].

So even if she gets a project say by November, things should be fine.

Please consult with an attorney to get the accurate legal information.
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Now if you are thinking about change of status back to H4, then you yourself can do it. Please check the USCIS website for 'change of status'
 
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