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VERY URGENT H1 to H4 Transfer Questions. Out of status from 170 days

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  • VERY URGENT H1 to H4 Transfer Questions. Out of status from 170 days

    Hi All,
    I was on H4 visa which was valid till Nov 2012. and i got H1 approved in Jan 2013 But my employer returned the approval documents back to USCIS.I have only approval copy of H1 visa from the attorney. As i am out of status i want to transfer H1 to H4 visa. my employer is not ready to run my payroll. I have the following questions.

    1. I heard if i apply from US for H1 to H4 transfer, then it is going to be denied as i am out of status from 170 days and i don't have a single paystub?

    2.which is better to apply from US or go back to india before 180 days and apply from there for new H4?

    3.my last I94 expired in Nov 2012
    then i got h1 approved, i got the approval copy from attorney. I94 from that copy is valid till Dec 2013. but this approved case is not received by my employer. so which of these I94 is going to be considered.

    Please respond ASAP

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