Transfer H1 to H4 without paystubs (urgent)

M

MLIF1972

Registered Users (C)
Hi,
My wife has an approved H1, according to which she can start working on 1st october 2005. Her H4 which was based on my H1 expired on 1st july 2005. The approval for her H1 came before her H4 expiry date. She does not want to work on H1 anymore.

1) Can she apply for change of status to H4 on 1st October 2005 without joining the company ?
2) As she is not going to work, she will not have any paystubs, will this cause a problem ?
3) If she can apply for change of status to H4, will her expired H4 cause any problem ?
4) If she can apply for change of status to H4, what type of documents are required for the conversion ?

Thank you in advance
 
MLIF1972 said:
Hi,
My wife has an approved H1, according to which she can start working on 1st october 2005. Her H4 which was based on my H1 expired on 1st july 2005. The approval for her H1 came before her H4 expiry date. She does not want to work on H1 anymore.

1) Can she apply for change of status to H4 on 1st October 2005 without joining the company ?
2) As she is not going to work, she will not have any paystubs, will this cause a problem ?
3) If she can apply for change of status to H4, will her expired H4 cause any problem ?
4) If she can apply for change of status to H4, what type of documents are required for the conversion ?

Thank you in advance
Click to expand...

----------- if you are on H1 and she goes out of US and gets H4 visa stamp she can enter US on H4 that is simple. I dont know if her H1 was COS from H4 to H1 and what is the start date on H1? the risk is that if her H1 was approved from H4 to H1 and she did not work on H1 and has no pay stub then her H1 to H4 may got denied. talk to good lawyer with all the details
 
Start Date on H1

Hi,
Thank you for replying. The start date on H1 is 1st october 2005. If she goes out of country to get H4 stamped, will the cosulate give her problem because of her original H4 being expired on 1st July 2005 and her overstay for a period of lets say 3 months.
 
MLIF1972 said:
Hi,
Thank you for replying. The start date on H1 is 1st october 2005. If she goes out of country to get H4 stamped, will the cosulate give her problem because of her original H4 being expired on 1st July 2005 and her overstay for a period of lets say 3 months.
Click to expand...
-------------she has not hit 180 days after her H4 I-94 expiry and she also filed H4 to H1 COS Before her I-94 got expired and she has I-94 attached with her H1 approval, she need to Surrender both the I-94 (that she got when she entred on H4 and that she got with H1 approval notice lower right side attachd) she should staple both the I-94 and surrender at airline counter before departing US (keep the copies of all I-94(front and back for future) she will get H4 visa stamp if you are on H1 status. If she belongs to India then it takes more then 2 months for Visa interview. For more info talk to your lawyer
 
Applying for H4 from here

Hi,

Thank you once again. I recently heard about this term "nunc pro tunc". I was wondering if we can apply for her H4 extension from within USA using this method. If we can, what is the process to apply for that ?

Thank you
 
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