H1B status without work

[joyny]

Hi,

I came to US on Sep 2007 on H1B along with my husband who is also on H1B from the same employer. Husband started work after 2 weeks, but I could not find a job. It has been a year now since I came here. My H1 is valid until Sep 30 2009.

Is there a possibility that I can extend my visa? I don't have any paystubs yet. If not, can I change the visa to H4? I dont know about my visa status.

Please advise.

Regards

 

[ginnu]

Hi,

I came to US on Sep 2007 on H1B along with my husband who is also on H1B from the same employer. Husband started work after 2 weeks,
but I could not find a job.
--------------- It was not your duty to find job it was employer XYZ who filed for your H1 and declared to USCIS/DOL that XYZ could not find employee in US. US Employer need to pays you and you can recover the wages if you file complaint with DOL. DOL will recover your wages and employer will be fined and may be banned from filing H1 in future.
It has been a year now since I came here. My H1 is valid until Sep 30 2009.
---------------------You are out of status.
Is there a possibility that I can extend my visa?I don't have any paystubs yet.
-------------------- dont mix Visa Stamp with H1 extension. Visa stamp is under DOS and H1 extension is under USCIS. You will not get H1 extension as you are out of status.

If not, can I change the visa to H4? I dont know about my visa status.
----------------I dont think USCIS will approve your H1 to H4 change of status. if you want to be on H4 then go out of US and get H4 visa stamp(if your spouse is on H1 status)

Please advise.

Regards

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