H1B to dependent, can I comeback to H1B any time?

[renuka_pusa]

Hi!,

I have H1B visa, right now I am on bench and not getting any pay, so no pay stubs as well. I am pregnant right now so not expecting another opportunity in the next 4 months. so I am essentially on unpaid vecation for the next 4 months.

My husband has H1B, so if I go ahead with dependent visa from him and let say I got a contract job in July, do I need to apply for H1B again?

If I get a fulltime job in July or later, can I be able to transfer my present H1B.

What if I just maintain the current situation (unpaid vecation for the next 4 months & no pay stubs), is it going to create any problems if I want to renew/transfer my H1B?

Please advise me?

Thanks a billion in advance.

[itzprams]

I have H1B visa, right now I am on bench and not getting any pay, so no pay stubs as well.

---benching without pay is illegal. You are out of status.

I am pregnant right now so not expecting another opportunity in the next 4 months. so I am essentially on unpaid vecation for the next 4 months.

---You are already out of status

My husband has H1B, so if I go ahead with dependent visa from him and let say I got a contract job in July, do I need to apply for H1B again?

---There is a possibility that H1-H4 COS will get RFE due to OOS issue.
You dont have to apply H1B again. Your employer has to file COS h4-h1.

If I get a fulltime job in July or later, can I be able to transfer my present H1B.

---OOS issue again. You may receive RFE.

What if I just maintain the current situation (unpaid vecation for the next 4 months & no pay stubs), is it going to create any problems if I want to renew/transfer my H1B?

---Yes


It is advisable to see an attorney and file a complaint against your employer which will put in valid status back. Since you are expecting, verify what insurance benefits you will be getting once you go on H4.