h1 to h4 without paystub

[aamittal]

hi,

i came on h4 in Aug 2013, den i converted to h1 in 2014 which is effective from 1oct 2014, but i was not working henceno paystub.
now i want to be back on h4,

Question

1) can i apply for cos here in usa without paystub?

2) if i decided to go bac to indiaand get new h4 stamp do i need to mention about about this h1 employeer in DS160 previous employment section??

[raghvi]

hi,

i came on h4 in Aug 2013, den i converted to h1 in 2014 which is effective from 1oct 2014, but i was not working henceno paystub.
now i want to be back on h4,

Question

1) can i apply for cos here in usa without paystub?

2) if i decided to go bac to indiaand get new h4 stamp do i need to mention about about this h1 employeer in DS160 previous employment section??

You are out of status currently. So a COS to H4 would not be approved with a new I-94.

1. As mentioned, without pay stubs, you would not be able to prove your valid status currently hence would most likely be denied H4 COS. The way to avoid would be to get employer to pay you or complain to DOL about them.

2. Might as well declare it since you have to declare out of status period too.

This is my opinion not legal advice.

[aamittal]

if i declare in my DS160 about h1, they wont decline my h4 visa stamping??

[raghvi]

I dont think so. As H4 would primarily would focus on your spouse's H1 employment and genuineness of your relation to your spouse.

This is my opinion not legal advice.

[aamittal]

raghvi,

do i need to resign before going for stamping? any idea during stamping they will ask my resignation letter or w2?

[srobballin]

i-130

Hello im Tony, i live overseas with my wife and we sent the i130 package off to uscis today. How soon after they receive it do we get a notice of receipt.

[Lavanya123]

raghvi,

do i need to resign before going for stamping? any idea during stamping they will ask my resignation letter or w2?

Hi,

I am in the same situation. I got my H1 visa valid from 1st Oct 2014. But didn't get placed in any project yet so no pay stubs. Can you please let me know if u changed ur status to H4? If yes, how did u do it? By applying for COS or by going out of country for stamping?
Your reply will help me a lot.

Thanks