Urgent :: H1B to H4

E

eager11

Registered Users (C)
I/my employer couldn\'t find any project for me after i returned from ML
5 months back. since then i am on bench(unpaid). i belive i must convert
to h4 but i am not sure what is more appropriate way to do that :

1) should i do change of status from with in US (if my employer agrees
   to give me paycheck in some form) or can i just visit india and get h4
   stamped based on my husband\'s h1.
2) if i apply for h4 from within US, can INS come to know that i have
   not been working for last 7 months or i am in legal status if my
   employer gives me 2 recent paystubs.

any suggestions will be greatly appreciated.
 
U could do both

1. Whichever is convenient
2. If you get recent paystubs and they are 7 months old, H4 might be denied or U will get a H4 with the condition that you have to travel outside US to get the H4 stamp (and new I94)
 
is it better to visit india and get h4

thanks for replying.

1)IS IT better to visit India and get h4. can the consulate people enquire me about my work history or why do I need to get h4 when I have valid h1 stamp. I mean in that case will my being out of status come to notice or my h4 can be denied.

2)if I get h4, can my being out of status still come in the records of INS assuming that my employer does not revoke my h1.

3)If I apply from here, do I need to send pay stubs with form 539 or INS may or may not ask for pay stubs later.
 
JAXEN , PL. Advice

please respond to my post : "is it better to visit India"

further i want to add that my husband\'s h1 from company A is expiring
in july end and he is with B right now. is it good that we should
visit indian together and get our respective h1 and h4 than applying his revalidation and my COS from within US
 
You can try in canada but if they rejects you cannot enter usa.Unless you have Multiple entry in pre

Call canada vancouver USA consulate 6046854311 ex-235 between 2-4 PST
 
Does INS asks for paychecks when converting to H4

1)If I apply for H4 outside US, will it be a case of converting to H4
or simply getting H4 based on husband\'s H1.
2)In either case, does one need to produce recent paystubs with the application form or consulate/INS people may or may not ask for it.
 
Answers...

1. Applying for H4 outside US will be considered as H4 based on husband\'s H1

2. May ask. It is better to be prepared.
 
can i reenter US on H1

Thanks Jaxen...I appreciate your advice. i would like to know one more thing..i have multiple entry H1 on my passport. If i visit India and try to get h4 stamped and consulate asks me for payslips(which i don\'t have), and h4 gets rejected. can i still reenter US on H1.
 
eager11, going thru same trauma, need help

hi eager11,
going thru the same trauma. i need a change of status to h4 from h1 status. how did u go about it ? my email is ur1966@hotmail.com. too scared to goto india for a new h4.

pls reply a.s.a.p
 
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