My wife came to the US on H4. Later she got a job and switched from H4 to H1. Her employer gives her only a small percentage of the salary promised (she now works part-time). Now she is planning to make a trip to India, what are her options-
(a) Could she get the H1 visa stamped ? We have a doubt since her pay stubs indicate only a certain percentage of salary promised while filing for H1.
(b) If she wants to come back on H4, will she have to file I-539 (which, we are told, could take anywhere from 2 to 4 months) or she can directly go to the US consulate in India and apply for H4 ?
(c) If we apply for H1 to H4 transfer using form I-539, and then she leaves for India before we receive the decision from INS, will that be considered abandonment of application ?
(a) Could she get the H1 visa stamped ? We have a doubt since her pay stubs indicate only a certain percentage of salary promised while filing for H1.
(b) If she wants to come back on H4, will she have to file I-539 (which, we are told, could take anywhere from 2 to 4 months) or she can directly go to the US consulate in India and apply for H4 ?
(c) If we apply for H1 to H4 transfer using form I-539, and then she leaves for India before we receive the decision from INS, will that be considered abandonment of application ?