Please help - USCIS asking pay stubs for H1 to H4 change of status

#1
H1 to H4 RFE - Pay stubs for H1 to H4 - PLEASE HELP!

Dear All,
Please help me. I am very confused.
My wife was on H1 for last 2-3 years, but never worked on H1, and so does not have any pay stubs or W2s. Her H1 expired on Dec. 31, 06, and we applied for change of status from H1 to H4 during first week of Jan. 07. USCIS send RFE as following from California service center:

EVIDENCE PERTAINING TO BENEFICIARY'S DEPENDENTS
In order to qualify for a change of status, the applicant has to be in valid nonimmigrant status at the time of filing. Submit copies of the applicant's pay records (leave and earnings statements, and pay stubs, etc.) with his or her employer for the three months prior to the filing of the present petition to establish that the beneficiary ws in a valid H1-B nonimmigrant status at the time the present application was filed.

Kindly advise how do I respond to this.
Best regards.
 
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mukeshinmd

Registered Users (C)
#2
This is a very tough situation.

You certainly need the pay-stubs to change the status of your wife as she was in H1B visa.

Find out with your company what they say. i'm not exactly sure how this work with h1B, but I can tell you that for students, if they're out of status within 6 months they can pay certain fine and petition for the re-instatement of their status. Check with lawyers to see if there's anything like that.

the company that she has h1b with should have talked to you about this if you're planning for changing the status. May be you didnt knew much about this company. To know more visit http://www.rahasiam.com and or share your experience with this company go to
http://www.rahasiam.com
 

StressTestInUSA

Registered Users (C)
#3
Dear All,
Please help me. I am very confused.
My wife was on H1 for last 2-3 years, but never worked on H1, and so does not have any pay stubs or W2s. Her H1 expired on Dec. 31, 06, and we applied for change of status from H1 to H4 during first week of Jan. 07. USCIS send RFE as following from California service center:

EVIDENCE PERTAINING TO BENEFICIARY'S DEPENDENTS
In order to qualify for a change of status, the applicant has to be in valid nonimmigrant status at the time of filing. Submit copies of the applicant's pay records (leave and earnings statements, and pay stubs, etc.) with his or her employer for the three months prior to the filing of the present petition to establish that the beneficiary ws in a valid H1-B nonimmigrant status at the time the present application was filed.

Kindly advise how do I respond to this.
Best regards.
how could you be so innocent and make such a big blunder for filing change of status without showing paystubs..you should atleast show 2 paystubs for a change of status..

I know people who worked odd-jobs and got themselves on the payroll..got paystubs and went for a change of status..

I think the only way out is she has to go out of US and enter back on a new H4 stamping..
 
#5
H1 to H4 no pay-stub

Hi 'mypeace',

Can you please post what happenned to your wife's H1 to H4 visa change?

Please reply on ultimate32123 at yahoo . com

I don't have pay-stub for the past 10 months.
 
#6
Hi premsingh/plclarify/ StressTestInUSA/mypeace

Could you please let me know how you handled the situation?
I really appreciate a feedback..
i need some help urgently regarding a similar matter...
you can send me an email at knowsap@yahoo.co.in

thanks a lot for your help...
 
#7
knowsap - Your options

Hey,

I just came across your situation? Has it been resolved? If I understand, your H1 was approved only this Oct right,i.e 2008? My lawyer said you have 60 days to get on payroll and you have a good chance to transfer within this period without paystubs if you find another employer. I am considering switching back to H4/H1 transfer as well if I don't find work in the next couple of weeks. I don't have paystubs either, but I am not under any contract.
If H1 transfer is not happening, the COS to H4 can also work if you do it fast. Worst case from what I understand is this, USCIS might do something called consular processing for your COS from H1-H4,in which case you will just have to go back home and re-enter on your H4.

Your problem is actually your contract and I am not sure how you should deal with that, you might want to try this website called allexperts.com where actual lawyers take time to reply, or consult a lawyer.

Bottom line, there are options and you are one of the few genuine ones around, its pathetic how fake and dubious this H1 business is. Good Luck!
 
#9
Hi

Hi mypeace
I also need to convert my wife's h1-b to h4. my question is that does she need to go out of USA and then get h4 visa stamped or it is not necessary to travel out? Can I get it done even while she is here in US? do you know where I can find answers t this?
pls let me know, appreciate yur help

regds
Sidharth
 
#10
If she has properly maintained her H1B status, she qualifies for a COS. If she has not done so - ie not been paid , she will require consular processing - or at least reentry on a valid H4 stamping. Inconvenience is justified by failure to abide by US laws.
 
#11
Hi,

I am also in similar situation and need to convert to H1B - H4 visa.Not paid since Oct/2008

I have some questions.

1.After reading forums I understood that I need pay stubs to apply for COS with in US,form I-539 So. I planned to travel outside US and get stamp on H4. Is it safe to travel now for H4 stamping?

2. I have H4 I/94 until March/10 in I-797 document, (ofcourse H1 I-94 is Oct/11).So can I travel outside US with H4 I-94 and get stamp for H4 visa with my spouse valid H1 documents.

3. At the consulate do they(Visa Officer) ask any proof for H1B I holds like my pay stubs, w2etc..
I worried about this since I don't have pay stubs. what should I tell if they ask for it

What is the best way I can handle this situation.


Thanks.
 
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#12
The longer you remain out of status - in violation of US law, the worse it will be long term. You should have addressed this problem long ago. If you have difficulty, it is of your own making.
 

SK2008

Registered Users (C)
#13
Hi,

Wondering if somebody could help me out of this situation.

-My wife came to US on H4 in May,2006.
-I shifted to new company in June,2007. New company processed H1B for me H4 for my wife.And H4 is valid until June,2010. She also got H1B in 2007 and valid from Oct 2007 to March 2010.
-She has been in the project since Nov 2007.
-She got H1 stamped on her passport.
-Her last project finished in Dec 2009.Now she has no project. She wanted to come back to H4.

Now my questions are
1) What are the documents are required for H1-H4 transfer?
2)Do they need her pay stubs? If so, she doesn't has January,2010 paystub(as no project for her).
3)Can we submit transfer without Attorney?
4)Since she has valid H4 until June, 2010 can she go to Canada, and get stampped with H4? She can't go India, as she is 6th month pregnant.

Thanks for your help
SK2008.
 
#14
Hi SK2008,

Can you update what is the situation now , did your wife get h4 and how?

Thanks.

Hi,

Wondering if somebody could help me out of this situation.

-My wife came to US on H4 in May,2006.
-I shifted to new company in June,2007. New company processed H1B for me H4 for my wife.And H4 is valid until June,2010. She also got H1B in 2007 and valid from Oct 2007 to March 2010.
-She has been in the project since Nov 2007.
-She got H1 stamped on her passport.
-Her last project finished in Dec 2009.Now she has no project. She wanted to come back to H4.

Now my questions are
1) What are the documents are required for H1-H4 transfer?
2)Do they need her pay stubs? If so, she doesn't has January,2010 paystub(as no project for her).
3)Can we submit transfer without Attorney?
4)Since she has valid H4 until June, 2010 can she go to Canada, and get stampped with H4? She can't go India, as she is 6th month pregnant.

Thanks for your help
SK2008.
 
#15
USCIS asking pay stubs for H1 to H4 change of status

As long as you are able to convert her from h1 to h4 (even if she was not paid), it is easy to get it stamped in India. They don't ask for your pay stubs during the h4 interview, they check the principal applicants h1 status papers.

worst case they might ask if you were on h1 and you can truthfully say YES and tell them that you converted back to H4 due to bad economy. lack of pay stubs can put you in out of status, but not illegal status (staying in the same h1 status beyond i94 date). But again this is not an issue when it comes to h4 stamping.
 
#16
H1 to H4 without working...

Hello Expert,

My wife is here on H4 VISA. She has valid H4 approval till this 01-Oct-2011 but not VISA stamped on her passport since she did not depart USA after her H4 extension.

Last year, she applied for H1 through a different consulting company and it got approved on 07-Oct-2010. Also she got I-94 from her employer valid till Oct 2013.

Form that day one, she did not work/join to the employer so her employer did not process salary hence no pay stub. As this is her 6th month without job and pay stub, also it may take another a month or two for her to get the project.

I am here to know and understand about her current situation.

* What is her current Status? If she is out of status, does she need to depart the U.S. immediately?
* Can she stay here in USA with her existing H4 VISA ( valid till 01-Oct-2011) without taking further action on her VISA status?
* If she get a project, can she start with her existing employer without doing any documentation?
* Do I need to apply for transfer VISA back to H4 from my employer?
* Will there be any complication in future for her to enter in USA?

Going through some forum, looks it is time sensitive, can you please get some info on this?

Thanks,
Viny
 
#18
How did you handled the issue

Iam in the same situation now.Could you please mail me to joinezlink@yahoo.com.sg about how you handled the issue.Did your wife got H4 visa?

Dear All,
Please help me. I am very confused.
My wife was on H1 for last 2-3 years, but never worked on H1, and so does not have any pay stubs or W2s. Her H1 expired on Dec. 31, 06, and we applied for change of status from H1 to H4 during first week of Jan. 07. USCIS send RFE as following from California service center:

EVIDENCE PERTAINING TO BENEFICIARY'S DEPENDENTS
In order to qualify for a change of status, the applicant has to be in valid nonimmigrant status at the time of filing. Submit copies of the applicant's pay records (leave and earnings statements, and pay stubs, etc.) with his or her employer for the three months prior to the filing of the present petition to establish that the beneficiary ws in a valid H1-B nonimmigrant status at the time the present application was filed.

Kindly advise how do I respond to this.
Best regards.
 
#19
My wife was on H1 for last 9 months, but never worked on H1, and so does not have any pay stubs or W2s.
Due to uncertainty of Project, now we are planning to change her status from H1B to H4.

Could you please mail me to mahak24@rediffmail.com about how you handled the issue.Did your wife got H4 visa?
 
#20
I am in the same situation where you were.

Could you please reply how did you handle H1B to H4 situation without pay stub ??

I really appreciate your help
 
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