H1/H4 yes or no?

F

fish4all

Registered Users (C)
Presently in US, I got my h1 approved in May 04, worked until July 04, got H1B visa stamped in Dubai in July, valid until 2007. Last paystubs were in July 04. Have been on bench from July until today! No work, no paystubs. In this 1 year (July 04-present) I have been out of US twice (for 3-4mths) and did not have any problems at POE. My employer hasn't cancelled my H1 and asked me to look for transfer asap. Now here are the queries I have:

1. I am getting married (in India) in Dec to someone who is on valid H1B in (CA)US. Should I come back in Jan as his dependent on H4 & look for job/transfer H1? I can get H4 stamped in Dubai, it is not at all a problem becoz I hold UAE resident visa.

2. Should I continue being on H1 and come back in Jan on this same H1 visa (unless the employer has cancelled) then find a job and transfer to another H1. But I will not have recent paystubs then. That may be a problem in transfering.

3. Can I work as tax preparer and get paid on H4/H1B? If not, how do I get paid on H4. I am interested in working as PT tax preparer from Jan-Apr.

4. What is the best bet for me in present situation to maintain my status? Is getting on H4 ok or keeping H1B by transfering?

Someone please answer my queries as I have very less time to decide what I want. Thank u so much for all those who help me out! This is the first time I'm posting a messg, pls dont disappoint me!
 
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fish4all said:
Presently in US, I got my h1 approved in May 04, worked until July 04, got H1B visa stamped in Dubai in July, valid until 2007. Last paystubs were in July 04. Have been on bench from July until today! No work, no paystubs. In this 1 year (July 04-present) I have been out of US twice (for 3-4mths) and did not have any problems at POE. My employer hasn't cancelled my H1 and asked me to look for transfer asap. Now here are the queries I have:

1. I am getting married (in India) in Dec to someone who is on valid H1B in (CA)US. Should I come back in Jan as his dependent on H4 & look for job/transfer H1? I can get H4 stamped in Dubai, it is not at all a problem becoz I hold UAE resident visa.
You can come to US with H4
2. Should I continue being on H1 and come back in Jan on this same H1 visa (unless the employer has cancelled) then find a job and transfer to another H1. But I will not have recent paystubs then. That may be a problem in transfering.
You are out of status almost year with no pay stub. You may have to produce 3 months pay stub some time last year W2.
3. Can I work as tax preparer and get paid on H4/H1B?

In H4 definitely not. If tax preparer sponser you for H1 then you can work for tax preparer.
If not, how do I get paid on H4. I am interested in working as PT tax preparer from Jan-Apr.

4. What is the best bet for me in present situation to maintain my status? Is getting on H4 ok or keeping H1B by transfering? Better to go for H4
Someone please answer my queries as I have very less time to decide what I want. Thank u so much for all those who help me out! This is the first time I'm posting a messg, pls dont disappoint me!
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Back again..

Great Guru! Thank u so much for the quick reply! Appreciate!
Could you pls help me more...

1. I understand I will require paystubs if I am transfering from company A to Company B by being here in US. But, suppose I get a job & sponsor now, will I "AGAIN" need paystubs (while applying in Dubai) if I exit US and enter on a new H1?

2. How will I file tax next year when I was on bench with no paystubs for past 1 year? I will have no W2 I guess. Wht is the solution here?

3. Are there any kind of paid jobs, projects, internships one can do on H4?

As you suggested I go on H4 and then come back to US and look for a job/H1 BUT there are chances I may not get H1 then 'coz quota might be full in Jan 05. (I have a US Masters degree, prior to H1). What next? Pls help....
 
fish4all said:
Great Guru! Thank u so much for the quick reply! Appreciate!
Could you pls help me more...

1. I understand I will require paystubs if I am transfering from company A to Company B by being here in US. But, suppose I get a job & sponsor now, will I "AGAIN" need paystubs (while applying in Dubai) if I exit US and enter on a new H1?
Even in Dubai, US Counsel may ask you to show W2 of previous year to check are in the job or in the bench?
If they find out you are in the bench - means you are out of status may not issue H1
2. How will I file tax next year when I was on bench with no paystubs for past 1 year? I will have no W2 I guess. Wht is the solution here?

This is a big problem. This is the only way of checking whether you are in status in US or not by immg officer.3. Are there any kind of paid jobs, projects, internships one can do on H4?

As you suggested I go on H4 and then come back to US and look for a job/H1 BUT there are chances I may not get H1 then 'coz quota might be full in Jan 05. (I have a US Masters degree, prior to H1). What next? Pls help....

You will not come under quota at all. Be h4 for 3 or 4 months and then start transfering to H1. This situation you may not have to produce pay stub or w2.
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Thank you great guru once again. I feel so much relieved and on track after getting the responses from you. Your help is really appreciated.

I have decided to go on H4 from Jan onwards. Hopefully it won't be any hassel as I wont need to produce paystubs/w2 etc. All I need is my husband's H1 documents etc.

Could you please suggest me something with tax filing next year. As you know I am on bench from July 04 until present. Should I be on H4 until April 15th (to avoid tax filing) or try going on H1B before that? Will any of this help? Or can you suggest me anything about tax filing regardless of my status i.e. H1/H4.

Thank you so much once again. God Bless you for making so many lives easier!
 
fish4all said:
Thank you great guru once again. I feel so much relieved and on track after getting the responses from you. Your help is really appreciated.

I have decided to go on H4 from Jan onwards. Hopefully it won't be any hassel as I wont need to produce paystubs/w2 etc. All I need is my husband's H1 documents etc.

Could you please suggest me something with tax filing next year. As you know I am on bench from July 04 until present. Should I be on H4 until April 15th (to avoid tax filing) or try going on H1B before that? Will any of this help? Or can you suggest me anything about tax filing regardless of my status i.e. H1/H4.

Thank you so much once again. God Bless you for making so many lives easier!
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Unless you have a legitimate W2 (not fake one, some companies now start giving to theiir employees who are in bench, it will great lot of trouble from IRS and INS for both employer & employee) , you can not file any tax return with IRS.
 
Thank u again!

I will try contacting my employer regarding W2 soon. Incase, he doesn't give me because I was on bench "means" I cannot file taxes. Is that right?

Also, If I am on a company's payroll (even if I am on bench for past 1 year), isn't the employer suppose to send me W2? (I filed this year's taxes with just 3 mths pay/W2)!

What implications will this have in future? Is there any way I can fix this problem? Please suggest me a remedy.

I had read in one of the thread that you can suggest some universities in CA that offer admissions on spot. Please let me know them. I have MBA from US school and if not H4 then I may want to go back to school from Jan onwards. What do u suggest? IS it better to go on F1 or H4 for few mths before I find a job/sponsor for H1.

Another q, my sibling is on OPT valid until May 06, she is working FT right now and wants to go back to India for 2 months. Is it advisable to travel with OPT? Will she have problem at POE? She will not be joining company A after she gets back in US. Her F1 is valid until May 06. Does having a letter from company B that will hire her once she's back help at POE?

Thanks again for all the help!
 
fish4all said:
Thank u again!

I will try contacting my employer regarding W2 soon. Incase, he doesn't give me because I was on bench "means" I cannot file taxes. Is that right?

You can be in the bench for some weeks or months. Not whole year.
If you receive even one week pay check for the whole year, still you will get your W2 and you have to file your IRS tax return.

Also, If I am on a company's payroll (even if I am on bench for past 1 year), isn't the employer suppose to send me W2? If you receive even one dollar through pay check, you will get your W2 (I filed this year's taxes with just 3 mths pay/W2)!

What implications will this have in future? Is there any way I can fix this problem?

Not having full W2 makes your life miserable for H1 transfer and/or stamping your H1 visa in your PP out side US.


Please suggest me a remedy.

I had read in one of the thread that you can suggest some universities in CA that offer admissions on spot. Please let me know them. I have MBA from US school and if not H4 then I may want to go back to school from Jan onwards. What do u suggest? IS it better to go on F1 or H4 for few mths before I find a job/sponsor for H1.

Whenever you are sitting on a bench for long time, you must consider to change the status to H4 or F1.
Another q, my sibling is on OPT valid until May 06, she is working FT right now and wants to go back to India for 2 months. Is it advisable to travel with OPT? Will she have problem at POE?

That is Personal choice. If she return with no problem it is OK. But if she is not allowed to enter US for some reason, do you have any back up plan. Is it OK to you or your sibling
She will not be joining company A after she gets back in US. Her F1 is valid until May 06. Does having a letter from company B that will hire her once she's back help at POE? This will not work.
Thanks again for all the help!
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Thank you Guru for the help! Pls advise me a lil more before I come up with a strong decision. Thnx again for your time.

1. Keeping in mind that I am on H1B from May 04 to present (paychecks only for 3 mths), Suppose I go on H4 from Jan 06, do I need to inform internally here in US/USBCIS or any other OR I can just go for H4 visa stamping with my spouse's documents after my marraige in Dubai US Consulate?

2. For my sister, she will have an offer letter from a Co. at POE on OPT. Isn't that good enough reason for her to enter US? I know many students were lucky to travel overseas on OPT and didn't face any prob at POE.

3. What can be back up plans if she is not allowed to enter on OPT and valid F1? Any suggestions?

Thank you for being so patient and helpful great guru!!
 
fish4all said:
Thank you Guru for the help! Pls advise me a lil more before I come up with a strong decision. Thnx again for your time.

1. Keeping in mind that I am on H1B from May 04 to present (paychecks only for 3 mths), Suppose I go on H4 from Jan 06, do I need to inform internally here in US/USBCIS or any other OR I can just go for H4 visa stamping with my spouse's documents after my marraige in Dubai US Consulate?

You have to apply INS to change your status from H1 to to H4. You have to pay fees. It may take couple of months.

2. For my sister, she will have an offer letter from a Co. at POE on OPT. Isn't that good enough reason for her to enter US?

No. In Normal circumstance officer at POE may deny your entry if you are OPT, reason being your studies are over, OPT is just optional. If you are lucky, they will not ask any questions and let you go. here we are discussing worst scenario.

I know many students were lucky to travel overseas on OPT and didn't face any prob at POE.

3. What can be back up plans if she is not allowed to enter on OPT and valid F1? Any suggestions?

Postpone the trip, get H1 in US and then go out.


Thank you for being so patient and helpful great guru!!
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Hello again..Once more, thank you guru! You are infact making it simpler for me, I can actually breathe!

BUT This is getting worst than I thought :(
My employer called me today saying he is sending a letter that I should transfer my H1 to some other employer in next 15 days. They cannot hold it anymore. Now I am stuck, what should I do.
1. Do you think he can inform INS and cancel my h1 if I dont take any action in next 15 days?
2. Doesnt it cost 1000$ for an employer to cancel H1? I dont think so he would want to spend that. He is just scaring me and asking me to leave his H1.

ALso, I cannot go on h4 right now. I am getting married in Jan 06 and I thot I will go for h4 visa stamping in Dubai after I get married with marraige certificate and other documents. There is no way I can apply to INS right now for H1->H4 transfer.

Please help
 
fish4all said:
Hello again..Once more, thank you guru! You are infact making it simpler for me, I can actually breathe!

BUT This is getting worst than I thought :(
My employer called me today saying he is sending a letter that I should transfer my H1 to some other employer in next 15 days. They cannot hold it anymore. Now I am stuck, what should I do.
1. Do you think he can inform INS and cancel my h1 if I dont take any action in next 15 days? Definetely Yes
2. Doesnt it cost 1000$ for an employer to cancel H1? I dont think so he would want to spend that. He is just scaring me and asking me to leave his H1. Just a letter to INS cost $0.37 only. He is good employer , it seems to be, because he is informing you. Some employer even cancel H1 without informing their employee. I know why is cancelling. There is legal issues behind it, if employer does not cancell the H1. There is already a posting by me in this forum. "What to do if Employer does not pay you"
http://boards.immigrationportal.com/showthread.php?t=182901
ALso, I cannot go on h4 right now. I am getting married in Jan 06 and I thot I will go for h4 visa stamping in Dubai after I get married with marraige certificate and other documents. There is no way I can apply to INS right now for H1->H4 transfer.


Only way is, get hold of another sponser urgently
Please help
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Thank you Guru for the info. Helped a lot!

Yes, I know the employer has been kind enough, but I dont want to waste money at the moment getting a dummy H1 transfer until Jan. I will be getting on H4 after my marraige in Jan so no point wasting on tranfer right now. And it is tough for me to find a job/sponsor so soon in 15 days. If it comes to worst I will go back to my country and wait until I get on H4.

I can request the employer to give me atleast 30 days and not 15 days so that gives me enough time to wind off. I always thought it costed a lot of money to cancel H1 for employer. Guess I was wrong.

What happens if employer still insist that I have to find my ways in 15 days and IF I DONT? What if I go back home after 30 not 15 days? How will those 15 days being out of status harm me?

Thanks for all the help Guru!
 
fish4all said:
Thank you Guru for the info. Helped a lot!

Yes, I know the employer has been kind enough, but I dont want to waste money at the moment getting a dummy H1 transfer until Jan.

There is no free lunch any where in the earth.
I will be getting on H4 after my marraige in Jan so no point wasting on tranfer right now. And it is tough for me to find a job/sponsor so soon in 15 days. If it comes to worst I will go back to my country and wait until I get on H4.

I can request the employer to give me atleast 30 days and not 15 days so that gives me enough time to wind off. I always thought it costed a lot of money to cancel H1 for employer. Guess I was wrong.

What happens if employer still insist that I have to find my ways in 15 days and IF I DONT?

If visa is cancelled, you can stay one or two weeks , no problem. More than that will creat problem even for your future H4 visa stamping.What if I go back home after 30 not 15 days? How will those 15 days being out of status harm me?

Thanks for all the help Guru!
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Yes Guru, you are right! There is absolutely no free lunch anywhere!!

The problem lies in me having spent '000 of bucks getting this H1, so I don't want to spend any more :( Anyways, I will be going back after a month. Then come on H4 later and look for H1 sponsor.
Thats a relief hearing that I can stay for a week or 2 after getting the notice from the employer.

Any other tips I need to keep in mind regarding exiting the country/H4 visa interview or anything else?

Guru, you have been A GREAT HELP for me, THANK YOU SO MUCH WITH ALL THE ADVICES AND PATIENCE. People like you are like angels! God Bless you!
 
Guru,

Could you please suggest me something to stay in status from Sep-Dec. I do not want to go back home now. I will come on H4 in Jan. My employer has given me 15 days notice that he will cancel my H1.

1. Is there anything I can do to stay in status after my H1 gets cancelled or I have to go back? Please remember, I have no job, no paystubs (for past 1 year) to transfer my H1 right now.

2. Do you think its worth it joining some Univ i.e. getting on F1 for one semester if I am going on H4 from Jan onwards? Please suggest me schools/institutes in Fremont, CA or nearby that give F1 without much hassels.

I wish to stay here but I see no "ways" to stay. Please help. :( Its urgent.
 
fish4all said:
Guru,

Could you please suggest me something to stay in status from Sep-Dec. I do not want to go back home now. I will come on H4 in Jan. My employer has given me 15 days notice that he will cancel my H1.

1. Is there anything I can do to stay in status after my H1 gets cancelled or I have to go back? Please remember, I have no job, no paystubs (for past 1 year) to transfer my H1 right now.

2. Do you think its worth it joining some Univ i.e. getting on F1 for one semester if I am going on H4 from Jan onwards? Please suggest me schools/institutes in Fremont, CA or nearby that give F1 without much hassels.

Better join any community college get I 20 to COS to F1.

Try this university.

National University
San Jose Academic Center
3031 Tisch Way
100 Plaza East
San Jose, CA 95128-2541

Charlene Ashton, Ed.D.
Associate Regional Dean
cashton@nu.edu
408-236-1101





I wish to stay here but I see no "ways" to stay. Please help. :( Its urgent.
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Thank you for the Univ info Guru.
Could you pls. help me with these confusing questions.

1. How long does it usually take for COS from H1 to F1?

2. Is there any grace period (to leave the country) after the H1 gets cancelled?

3. When does one get "out of status"? Is it from the time employer informs INS "or" when INS puts it into their system (which may take few weeks)?

4. How many days is it safe to stay after the H1 is cancelled?

I've read abt all these confusing :confused: queries in many forums and got different opinions each time. I would like to hear the best and right thing from great Guru please! Thanks
 
fish4all said:
Thank you for the Univ info Guru.
Could you pls. help me with these confusing questions.

1. How long does it usually take for COS from H1 to F1? usually between 60-120 days.But nowadays it is faster in CSC.
2. Is there any grace period (to leave the country) after the H1 gets cancelled? No such grace period, but you must leave as quick as possible
3. When does one get "out of status"? Is it from the time employer informs INS YES "or" when INS puts it into their system (which may take few weeks)?

4. How many days is it safe to stay after the H1 is cancelled?

I've read abt all these confusing :confused: queries in many forums and got different opinions each time. I would like to hear the best and right thing from great Guru please! Thanks
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Thank you for the info Guru.

Is there anyway to find out from INS or anywhere else "whether and when" the employer has sent the notice of H1 cancellation?

I got the written notice from my employer (dated 8/22) today in which it states "this is your official notification that your employment with us cannot be continued as of two weeks from receipt of letter"...blabla.

Having received it today (8/26) that means 2 weeks end 9/9.
Until when should I leave US to be on safe side?
Is 2 weeks after 9/9 i.e. 9/23 ok to leave the country?
Do I need to inform the employer that I am leaving or I just leave?

Please let me know the best I can do.
 
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