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Change Of status from H1-B to H4 without paystubs

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  • Change Of status from H1-B to H4 without paystubs

    Hi ,
    Can anyone please help me on below status change:
    I came to US on Feb 2013 and i got my H1B visa approval and i am on H1 status from October 2013 to till now(i.e Feb 2014)...I never went into a pay roll till now because of no project...My employer not willing to run pay roll for me..Now i am thinking to change my status from H1 to h4..

    My questions are:
    1)what is the best way to change my status from h1 to h4 without pay stubs
    2)i go through so many blogs saying going out of country and get stamping on h4 is the best way..If i do this,Is there any chances to ask about my H1-B visa and pay stubs during stamping or POE..
    3)If i go back to my home country for h4 stamping..Can i go immediately for stamping or i need to stay there for certain period
    4)What happened if my employer cancel my H1-B now


    Thanks In advance

  • #2
    Originally posted by munnipavuluri View Post
    Hi ,
    Can anyone please help me on below status change:
    I came to US on Feb 2013 and i got my H1B visa approval and i am on H1 status from October 2013 to till now(i.e Feb 2014)...I never went into a pay roll till now because of no project...My employer not willing to run pay roll for me..Now i am thinking to change my status from H1 to h4..

    My questions are:
    1)what is the best way to change my status from h1 to h4 without pay stubs
    2)i go through so many blogs saying going out of country and get stamping on h4 is the best way..If i do this,Is there any chances to ask about my H1-B visa and pay stubs during stamping or POE..
    3)If i go back to my home country for h4 stamping..Can i go immediately for stamping or i need to stay there for certain period
    4)What happened if my employer cancel my H1-B now


    Thanks In advance
    What do you mean by no projects? What was the project basis on which the H1 was approved in the first place. the employer is legally bound to pay you as per LCA, if not you can complain to DOL. Also, if the employer is not able to provide work they should give you a return ticket back to home country.

    With no payroll you are out of status from Oct to till date. When you are out of status you cannot change to any other visa status while being in US.
    1. Leave US, get H4 stamped if not already done, and return on H4.
    2. I dont think so, when you re enter you would be re entering on H4 so they may ask your spouse's documents.
    3. You can go immediately.
    4. Doesnt matter, as long as you have a copy of the current H1 approval notice, any future employer can file a cap exempt H1 petition.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks a lot...This means so much to me...


      Originally posted by raghvi View Post
      What do you mean by no projects? What was the project basis on which the H1 was approved in the first place. the employer is legally bound to pay you as per LCA, if not you can complain to DOL. Also, if the employer is not able to provide work they should give you a return ticket back to home country.

      With no payroll you are out of status from Oct to till date. When you are out of status you cannot change to any other visa status while being in US.
      1. Leave US, get H4 stamped if not already done, and return on H4.
      2. I dont think so, when you re enter you would be re entering on H4 so they may ask your spouse's documents.
      3. You can go immediately.
      4. Doesnt matter, as long as you have a copy of the current H1 approval notice, any future employer can file a cap exempt H1 petition.

      This is my opinion not legal advice.

      Comment


      • #4
        Originally posted by munnipavuluri View Post
        Hi ,
        Can anyone please help me on below status change:
        I came to US on Feb 2013 and i got my H1B visa approval and i am on H1 status from October 2013 to till now(i.e Feb 2014)...I never went into a pay roll till now because of no project...My employer not willing to run pay roll for me..Now i am thinking to change my status from H1 to h4..

        My questions are:
        1)what is the best way to change my status from h1 to h4 without pay stubs
        2)i go through so many blogs saying going out of country and get stamping on h4 is the best way..If i do this,Is there any chances to ask about my H1-B visa and pay stubs during stamping or POE..
        3)If i go back to my home country for h4 stamping..Can i go immediately for stamping or i need to stay there for certain period
        4)What happened if my employer cancel my H1-B now


        Thanks In advance

        Hi,

        I am in the same situation now. I got my H1 valid from Oct 1, 2015 but as I didn't find any project, I don't have pay stub till now (Feb 2015).
        Did you go to India and get H4 stamping?
        Can you please advice me, if I can go to India and get H4 stamping without any issues (My husband is in H1B fulltime employee)?

        Thanks

        Comment


        • #5
          Originally posted by Lavanya123 View Post
          Hi,

          I am in the same situation now. I got my H1 valid from Oct 1, 2015 but as I didn't find any project, I don't have pay stub till now (Feb 2015).
          Did you go to India and get H4 stamping?
          Can you please advice me, if I can go to India and get H4 stamping without any issues (My husband is in H1B fulltime employee)?

          Thanks
          Did you take or decide on any steps? I'm in similar situation.

          Comment


          • #6
            H1 to h4 transfer

            Hi all

            My current visa is h1. And it is valid till 09/03/2016. I don't have project and pay stubs from January, now I want to transfer to h4.

            Can anyone tell me the what are the options I have?

            My employer saying that I need to go to out of country and do h4 stamping.

            Assuming if I go to India for h4 stamping alone what are the questions I have been asked during stamping?

            Thanks in advance

            Sowmya

            Comment


            • #7
              Hi ,

              You need to go to out of country and do stamping on h4.

              Comment


              • #8
                Originally posted by Soumya Vemulapalli View Post
                Hi all

                My current visa is h1. And it is valid till 09/03/2016. I don't have project and pay stubs from January, now I want to transfer to h4.

                Can anyone tell me the what are the options I have?

                My employer saying that I need to go to out of country and do h4 stamping.

                Assuming if I go to India for h4 stamping alone what are the questions I have been asked during stamping?

                Thanks in advance

                Sowmya
                Hi sowmya , I am also in similar situation but Iam changing from opt stem to h4 ...I was told same to go India for visa .... did you go to India for visa ?

                Comment

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