Somebody pls help!!!

P

pk_aneeta

New Member
Hi all,

I'm on H4 visa and am planning to apply for a H1b change of status. I came here only last year and my husband has been here for 2 yrs on H1. And I'm on H4 from May 2004 and valid till Sep 2006. We are also planning to apply for GC thru my husband's company. Here are some questions which I have :

1) What is the difference between new H1b and change of status H1b?
2) If mine is a change of status from H4 to H1, for how long will they issue my H1? Will it be only till Sep 2006 based on my H4 or will it be till Apr 2007 as that will complete 3 yrs of H status or will it be till Sep 2008 as they can issue H1 for 3 yrs and I've been in H status only for 1 yr now?
3) What is the maximum period I can be without projects and remain in status?
4) If I do not get projects for a while can I do a change of status again to H4 without going to the home country?
5) During the GC stages, since I'll be revealing I'm on H1, will they ask for my W2 or Pay stubs or both?
6) If they ask for Pay stubs, at which stage can they ask me for my pay stubs as my husband is the primary applicant and me being the derivative?

I'm seriously evaluating the consequences of being on H1 as against H4. Any information or help on this is appreciated. Please help me. I have to take a decision soon. Thanks in advance.

Aneeta :confused:
 
Answers to Qs

) What is the difference between new H1b and change of status H1b?
*New H1B is the person first time coming in to US. Change of status itself says that you are chaning your residential status from H4 to H1

2) If mine is a change of status from H4 to H1, for how long will they issue my H1? Will it be only till Sep 2006 based on my H4 or will it be till Apr 2007 as that will complete 3 yrs of H status or will it be till Sep 2008 as they can issue H1 for 3 yrs and I've been in H status only for 1 yr now?
* I guess, they will count the period of your H4 stay and then 6 years minus your stay would be your H1 period.

3) What is the maximum period I can be without projects and remain in status?
* Legally 1 month. But as long as your employer behaves well, it shouldnt be a problem. But if you dont have enough earnings during the year, extension or transfer may get hamapered. Your earnings should be equal to whatever salary mentioned on your H1.

4) If I do not get projects for a while can I do a change of status again to H4 without going to the home country?
* You can go back to H4.

5) During the GC stages, since I'll be revealing I'm on H1, will they ask for my W2 or Pay stubs or both?
* If your GC is in process due to your husband's process, they should not ask. But now a days, everything is in the database, so they may ask.


6) If they ask for Pay stubs, at which stage can they ask me for my pay stubs as my husband is the primary applicant and me being the derivative?
* why should they ask for your pay stubs?
 
Madhuri,

Thanks a lot for your answers. Just few more clarifications,

4a) Reg Q4, changing the status back to H4, should I go back to India or can I dot it here itself?

6a) Reg Q6, in the I140 or I485, since I'll be filling my status as H1, can they ask for my paystubs eventhough my husband is the primary applicant and I'm just a derivative. We r to provide supporting documents alongwith 485, and one of which is paystub for the primary applicant. Does it have to be provided for the derivative applicant if he/she is on H1?

Thanks once again.

Aneeta :)
 
H1 to H4

You can change status from H1 to H4 here. But if you are changing from H4 to H1 then you need to get it stamped by going out of US.
About Q6, I am not sure.
 
Note my response below...all the best

pk_aneeta said:
Hi all,

I'm on H4 visa and am planning to apply for a H1b change of status. I came here only last year and my husband has been here for 2 yrs on H1. And I'm on H4 from May 2004 and valid till Sep 2006. We are also planning to apply for GC thru my husband's company. Here are some questions which I have :

1) What is the difference between new H1b and change of status H1b?
>> You may file for a new H1b when you are already on an existing visa >>status other than H1b.

2) If mine is a change of status from H4 to H1, for how long will they issue my H1? Will it be only till Sep 2006 based on my H4 or will it be till Apr 2007
>>Duration will be 6years - (todays date - date of first port of entry in USA)
>>Visa will be issued intially for 3 years...after 3 years on H1 have expired >>they will issue you remainder period of years based on the formula above.

3) What is the maximum period I can be without projects and remain in status?
>>You should get paid wages on LC right from day one you start with the >>company irrespective of the fact you are on project or not .... please >>take note of this ..especially if down the line you are filing for GC....
>>There is no concept of bench(time between jobs) while on H1b... I have >>seen a lot of DESI companies doing this...


4) If I do not get projects for a while can I do a change of status again to H4 without going to the home country?
>>Again as I have said in 3) above...Employers are supposed to pay H1b >>employess from day one of your H1 visa...You can always file change of >>status back to H4 at any point of time .....BUT remeber ..when you change your status from H4 to H1 ..your I94 on H4 is invalid ..which means your visa stamp on passport is invalid.... You will get a new I94 for your H1...You have to go out of the country and get a new H1b visa stamp on your poassport.....Next, when you change from H1 to H4...the H1 I94 will expire...you will get a new I94 for your new H4...and you will have to go out of country get stamp and come back into the country in case you need to travel internationally... make a note of this ...(you simply cannot lets say for exmaple ..travel on H4 visa on passport while your visa has been transferred from H4 to H1)...

5) During the GC stages, since I'll be revealing I'm on H1, will they ask for my W2 or Pay stubs or both?
Depending on who will file the GC ...if you are primary and your husband dependent benficary .... you will LIKELY be asked to show proof of employment .. Likewise if you are the depenndent you most likely will not ...The crux here is most likely... I have seen cases where H1b dependents for GC being asked to show current paystubs for last 3 months that they have been employed even though they are not primary beneficiary of GC

6) If they ask for Pay stubs, at which stage can they ask me for my pay stubs as my husband is the primary applicant and me being the derivative?
>>This is a long story .... IN short you may have to show proof during >>140/485 stage....Once you file GC you may visit the 140/485 forums to >>get an insght into this..I dont think its worth bothering about this now...

all the best


Aneeta :confused:
Click to expand...
 
I would rebutt this piece of information below...This is not corrrect ..... You may change status between H4 and H1 zillions times without EVER LEAVING THE COUNTRY...If circumstances require you to travel out of the country in all case you will have to get a new visa on your passport... remeber that you will not have to get a new stamp while changing employers while on the same status as long as your I94 is valid and is reflect on the visa stamp on your passport...

madhurip said:
You can change status from H1 to H4 here. But if you are changing from H4 to H1 then you need to get it stamped by going out of US.
About Q6, I am not sure.
Click to expand...
 
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