H4-h1-h4

P

pelicanz

New Member
Hi, my wife was on a H4 status and changed to H1 but due to the
current market she was never placed (for over a year) till now.
No salary was paid so no stubs at all.

1) Is she still considered as a H4 or an H1 in this situation

2) we are planning to go back to H4, is it recomended to atleast have 1 pay stub in hand before we go to embassy?

3)my H1 is due for renewal (due 03/2003), so can we send my H1 for renewal along with H4 status change at the same time.

4) Is premium processing available for H4?

Any help on any of these will be appreciated.
 
1. Out of status??

2. It depends. Best is to make her go out of US and enter US back using the valid h4 visa stamp.

3. yes U can change h1 to h4 alongwith your h1 extension

4. Yes.

Going to an embassy is a risk since she might have to produce a w-2 or a few paystubs.
 
h1 to h4

Hi, I am in a similar situation. I have a valid H1B stamp on my passport and now I want to convert to H4 but I don't have recent paystubs. Jaxen, can you clarify it further - is it better to visit India and get new H4 instead of H1 to H4 conversion here. By risk of doing it from embassy, do you mean - here in US or in India. Can they ask for paystubs at US consulate in India as well.
 
Yes they may.

Consulate in India may ask for your h1 company paystubs , although you are going for h4.
 
Jaxen pl. reply

If this is so, what is your opinion. Converting here in US is a better option or in India. I want to avoid any risk.
 
Jim/Jaxen pl. reply

I have a valid H1B stamp on my passport but I am not working for
past 8 months.

1) COS to H4 is less risky here in US or India because I don't have recent paystubs.
2) If INS asks for paystubs , and I don't produce any, will they debar me from entering US for sure or can approve my H4 with some condition.

Please advice as I am in lot of distress.

Thanks
 
eager11

Both has risks. It is upto you to evaluate them and take action. I can only quote from experiences I hear from forums and from friends.

A pending h4 COS will keep your status alive. If denied, you can always go back to home country and try to get h4.
 
How much time it takes

Thanks Jaxen ! Can anybody tell me how long it is taking for COS ( H1b to H4) these days from their experience/friends.

Further I would like to ask - can I apply for COS with the copy of my husband's I-797 since he has already sent his visa for revalidation ( H1 from his previous company expired this July)
 
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