H4->h1->h4

R

ram_eng

New Member
Hello-

My wife got the H1 approved on Oct 2008 and was not able to work on any project since then because of some medical reasons. I have the following question please advise me.

1) Is she out of status now even if she has all medical proof and medical certificate from the doctor?

2) We are deciding to go back to H4 status. If we apply for COS status now, do they need any of her paystubs as a proof of status (she does not have any pay stub now)

3) If we apply for cos status now and if that gets approved, does she has to go out of the country and need to renter with new I-94 even though her visa stamping there till Dec 2010 on H4 status?

4) How much time it will take to transfer from H1 to H4?

5) If she finds a project after the COS status, can she do COS for H1 again with same cap, if so what are documents she might need at that time? does she need to show her paystubs of current period for COS from H4 to H1?

Please advise me...

Thanks in advance.
 
Traveling and re-entering on H4 is advised if she has a valid H4 visa already. Otherwise it is advisable to apply for COS along with a leave of absence letter from the employer and proof of medical treatment. A doctor's certificate stating that she was unable to work for the complete period of October 1 through today will also be helpful.
If she finds a project while in H4, she will have to file for COS again, assuming the H1 petition was not revoked by her employer. But this question makes the whole illness story seem fraudulent. Seeking legal help could be good.
 
Last edited by a moderator:
Thank you for the detailed reply,

what is the process to reach Rajiv for legal help please?

Thanks in advance.
 
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