H4 to H1 to H4 - Please help. Urgent!

guyfromny

New Member
My friends wife came to US on H4. She applied for H1 last year and got approved (effective from Oct 1 2006). She did not work on that H1. Now she wants to go back to H4. Can she do that? Is she out of status? Can she apply for COS while in US? How does USCIS determine whether she was working or not working? Do they need pay stubs while filing for COS to prove that she was working? What is the other alternative to go back on H4?
 
Dear Friend,

The USCIS would require the pay stub of the last three months that she worked during the change of status.
It could be difficult. In my opinion, if she goes to India and then you apply for her H4, then things might be different.

However, the company that filed her H1B should have also informed her about this situation then. You should also find out from the company that filed your wife's H1B, whether or not they have officially terminated her H1B on time by sending ther termination letter to the USCIS ? If yes then when, and if not then ............she might be better off going to India and filing again for H4b.

Check more about such companies at http://www.rahasiam.com
 
Thanks so much for your reply Mukeshinmd. I have few more questions.

So her consulting company has to send a termination letter to USCIS? Is this if she wants to change the status within US by showing 3 pay stubs?

What if she goes to India and files for new H4?
1. What are the chances of rejection for H4?
2. Would the officers at US Consulate in India know about her H1 and invalid status?
3. Any ideas what types of questions can be asked?
4. Is it better to tell them the truth or is there anyway around such questions?

I appreciate your help. Thanks again.
 
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