Status change H4 into H1

[xlmicro]

Hi
My friend has a peculiar problem...She is on H4 visa(her husband is a H1 Visa holder). He is on bench for the last 8 months...no pay.

Now luckyly she got a job and the employer is willing to do her New h1 with premium process....

1) Is she required to produce any additional evidence like latest Paystub along with I-539?
2) Can her husband change his status from H1 to H4?


Please share your experience ASAP,as this is an urgent matter.

Thanks for your help,
Regards,
Madhuri

 

[nkm-oct23]

NO! Why should she be required to produce pay stubs when she is not even working???
If you mean her husband's pay stub then the answer again is NO, she is the one applying for H1 and her H1 is in no way related to her husband's H1.
Once she gets her H1 approved, her husband can file for H4.

 

[ginnu]

1) Is she required to produce any additional evidence like latest Paystub along with I-539?
----- How she can provide pay stubs she was on H4 status, she has to change her status from H4 to H1b
2) Can her husband change his status from H1 to H4?
---- Yes, when her spouse gets H1b approved at this time he cannot file for H4 status as his spouse is not on H1b