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H4/H1 Query

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  • H4/H1 Query

    I am in US on H4.I am on leave from my current employer who has filed an H1 for this year.H1 was filed before I entered US on H4 and it is under RFE Status(Submitted all documents required for RFE)
    Question 1:As now I am in US on H4,If I go back to home country ,does my employer need to file COS once I get my H1B Approval.

    Question 2:If I get Visa approval ,Do I need 3 months payslip for stamping,as I do not have payslip as I was on leave since 3 months so does that mean I need to stay in my home country for 3 months to get payslip and then go for stamping.

    Question 3:If I decide not to go back to home country and stay in US ,I can still be on H4 even if my H1B petition is approved.

  • #2
    Originally posted by shaina View Post
    I am in US on H4.I am on leave from my current employer who has filed an H1 for this year.H1 was filed before I entered US on H4 and it is under RFE Status(Submitted all documents required for RFE)
    Question 1:As now I am in US on H4,If I go back to home country ,does my employer need to file COS once I get my H1B Approval. -- No, you can obtain H1B Visa and return to the US in H1B status.

    Question 2:If I get Visa approval ,Do I need 3 months payslip for stamping,as I do not have payslip as I was on leave since 3 months so does that mean I need to stay in my home country for 3 months to get payslip and then go for stamping. -- You need evidence of getting paid only for the time you are in the US in H1B status, so you don't need that.

    Question 3:If I decide not to go back to home country and stay in US ,I can still be on H4 even if my H1B petition is approved.
    -- Yes, you will remain in H4 status as long as your I-94 is valid and your spouse is maintaining H1B status.
    See above.
    This is my opinion and not legal advice.

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