H1 to H4 COS

[h1toh4cos]

Hi,

I'm in US since Nov'12 on H4 status and got H1 approval on Oct'13. But due to my pregnancy I couldn't join the company and my employer did not run pay stubs. Now I've applied for COS (H1 to H4 in Jan'14)

1) What are the chances of my COS being approved by USCIS

If they deny then -

2) Do I need to go back to my home country to reenter US on H4 (I've H4 visa stamp valid until Sep'15). If Yes, then do I need to re-apply for visa stamping or just re-enter US with H4 visa stamp

3) Do I need to go back to home country before entering US on H4 or can I go to canada and enter US on H4

If you know the exact process / gone through the same process, please post your opinions. Appreciate your responses in advance

[raghvi]

Hi,

I'm in US since Nov'12 on H4 status and got H1 approval on Oct'13. But due to my pregnancy I couldn't join the company and my employer did not run pay stubs. Now I've applied for COS (H1 to H4 in Jan'14)

1) What are the chances of my COS being approved by USCIS

If they deny then -

2) Do I need to go back to my home country to reenter US on H4 (I've H4 visa stamp valid until Sep'15). If Yes, then do I need to re-apply for visa stamping or just re-enter US with H4 visa stamp

3) Do I need to go back to home country before entering US on H4 or can I go to canada and enter US on H4

If you know the exact process / gone through the same process, please post your opinions. Appreciate your responses in advance

I am sure that you would have known much before Oct 2013 that you wouldn't be able to join your new employer. You should have either cancelled the H1 processing or converted it consular process before Oct 2013.

Not joining your employer and not working for them and not getting paid makes you out of status from Oct 2013 till date. As per USCIS records you moved to H1 status from Oct 2013 . Now most probably USCIS will issue an RFE asking you to first prove your valid status, that is by showing paystubs to prove your H1 status.
1.Since you dont have paystubs, USCIS will most likely deny your H1 to H4 COS.
2. You would need to go out of US, and re enter on H4 to get back into status.
3. No need to go back to home country, you can go to any neighboring country and re enter on H4.

This is my opinion not legal advice.

[h1toh4cos]

I am sure that you would have known much before Oct 2013 that you wouldn't be able to join your new employer. You should have either cancelled the H1 processing or converted it consular process before Oct 2013.

Not joining your employer and not working for them and not getting paid makes you out of status from Oct 2013 till date. As per USCIS records you moved to H1 status from Oct 2013 . Now most probably USCIS will issue an RFE asking you to first prove your valid status, that is by showing paystubs to prove your H1 status.
1.Since you dont have paystubs, USCIS will most likely deny your H1 to H4 COS.
2. You would need to go out of US, and re enter on H4 to get back into status.
3. No need to go back to home country, you can go to any neighboring country and re enter on H4.

This is my opinion not legal advice.

I got to know about it in the 3rd week of September. So, We couldn't do much about it. Anyways thanks for your response.

[cgp]

I got to know about it in the 3rd week of September. So, We couldn't do much about it. Anyways thanks for your response.

Hi

Could you please let me know what steps you guys taken? We are in the same situation.

Thank you