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H4 to H1B questions

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  • H4 to H1B questions

    I came on H4 to US in March 2012. And through a consulting company filled for H1B visa. My petition approval came on Dec26,2012. I have following questions:
    1) What is my current status in US?
    2) My current consultant is not paying me anything as I have not got job in US till now (Feb 12,2013), will I be out of status?
    3) If some other employer wants to transfer my visa to their company, can it be done without pay stubs? What all documents will I need?

    Thank you in advance!

  • #2
    Originally posted by aquarian04 View Post
    I came on H4 to US in March 2012. And through a consulting company filled for H1B visa. My petition approval came on Dec26,2012. I have following questions:
    1) What is my current status in US?
    2) My current consultant is not paying me anything as I have not got job in US till now (Feb 12,2013), will I be out of status?
    3) If some other employer wants to transfer my visa to their company, can it be done without pay stubs? What all documents will I need?

    Thank you in advance!
    Was H4 to H1 applied as COS? Check your I797 approval, is it 797B ? Does it have an I-94 at the bottom?

    If answer to any of the above question is NO then you are on H4 status. and you would be in status and cna try for a transfer to another company.

    If answer to above questions is YES then you are on H1 and out of status as you are not working/getting paid and cannot do a transfer.

    This is my opinion not legal advice.

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