H1B-H4 (Urgent)

A

ajaygarg1980

New Member
Hello Everyone,

My wife came on H4 in Feb’08 with H4 stamp on her passport valid till 2011. But due to her passport expiry, I-94 was valid till Nov’08. In the mean time she was approved of I-797 with the grant of change of status. Therefore, new I-94 came along with I-797.
Because of market conditions she was not able to find a job and therefore is on bench without pay stubs from Oct’08. Now she wants to go back on H4.
Questions:

1.What are her options to change her status? How can she change her status? During filing of I-539 what documents are needed. What should I write in the column 3g iwhich s:
Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status
2.What documents will be needed to change the status?
3.Will she be under cap again once she comes back again on H1B?
4.Will there be any scrutiny or complications while transferring H1B from H4 again in the future? For example will someone asks for pay stubs for the time period she was on H1B?
5.Lastly, can she transfer her H1B to a different area. Currently her I-797 was approved with IT line. Can she go to a different line of work.
6.Do we really need pay stubs whether for now or in future.

Note: She has H4 stamp on her passport with my previous employer. Now I have changed my job. She has renewed her passport.

Please help me. It will highly be appreciated.

Thanks.
 
ajaygarg1980 said:
Hello Everyone,

My wife came on H4 in Feb’08 with H4 stamp on her passport valid till 2011. But due to her passport expiry, I-94 was valid till Nov’08. In the mean time she was approved of I-797 with the grant of change of status. Therefore, new I-94 came along with I-797.
Because of market conditions she was not able to find a job and therefore is on bench without pay stubs from Oct’08. Now she wants to go back on H4.
Questions:

1.What are her options to change her status? How can she change her status? During filing of I-539 what documents are needed. What should I write in the column 3g iwhich s:
Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status
2.What documents will be needed to change the status?
3.Will she be under cap again once she comes back again on H1B?
4.Will there be any scrutiny or complications while transferring H1B from H4 again in the future? For example will someone asks for pay stubs for the time period she was on H1B?
5.Lastly, can she transfer her H1B to a different area. Currently her I-797 was approved with IT line. Can she go to a different line of work.
6.Do we really need pay stubs whether for now or in future.

Note: She has H4 stamp on her passport with my previous employer. Now I have changed my job. She has renewed her passport.

Please help me. It will highly be appreciated.

Thanks.
Click to expand...
** USCIS may not approve her COS from H1 to H4. She is out of status.
She has valid H4 visa stamp till 2011(in her expired passport and she should staple both the passports).
best option is to go out of US and Enter on H4 status by getting I-94 based on her H4 visa stamp.
 
Thansk for your response. But while coming back immigration office will check the history and come to know that COS was not filed. In that case he can deny the entry.
 
ajaygarg1980 said:
Thansk for your response. But while coming back immigration office will check the history and come to know that COS was not filed. In that case he can deny the entry.
Click to expand...

COS is NOT needed. if She has valid H4 visa stamp just go out of US and at POE show valid H4 visa stamp and enter on H4 status.
 
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