H1 to H4 in India

[Rakesh Kumar A]

Hi,

My wife came with me on 11th March 2013 on H4. We applied for her H1b using an employer in April 2014.

She got her Visa approved on 01 Oct 2014. My visa got expired on 30th September and I filed an extension alone which got approved.
She is now working to an end client via a vendor and then a consulting firm starting 24th November 2014.

Now we urgently need to leave to india for sister's wedding.

We have two complexities here: 1. Client is not giving client letter as she is a contractor through a consulting firm via a vendor. 2. Consulting firm is not giving leave since she has not been working for long.

Question 1: Can she leave to India with a valid H1B and come back with H4? (Her earlier H4 visa is already expired)

Question 2: What are the charges to change the status back from H4 to H1b when we return?

Question 3: Since she has worked only a month, she has only 1 salary slip, will there be any complexities during changing status from H4 to H1b when we return back?

Appreciate any kind of help

[raghvi]

Hi,

My wife came with me on 11th March 2013 on H4. We applied for her H1b using an employer in April 2014.

She got her Visa approved on 01 Oct 2014. My visa got expired on 30th September and I filed an extension alone which got approved.
She is now working to an end client via a vendor and then a consulting firm starting 24th November 2014.

Now we urgently need to leave to india for sister's wedding.

We have two complexities here: 1. Client is not giving client letter as she is a contractor through a consulting firm via a vendor. 2. Consulting firm is not giving leave since she has not been working for long.

Question 1: Can she leave to India with a valid H1B and come back with H4? (Her earlier H4 visa is already expired)

Question 2: What are the charges to change the status back from H4 to H1b when we return?

Question 3: Since she has worked only a month, she has only 1 salary slip, will there be any complexities during changing status from H4 to H1b when we return back?

Appreciate any kind of help

Its responsibility of her employer to ensure they have work visibility. But if client is not willing to give letter, you can only go through the employer, and in future probably look for a better employer/client.
1. She can leave no issue, avoid Europe routes as she does not have a valid US visa. In order to return on H4 she would have to attend a fresh H4 stamping. See if she qualifies for drop box facility, irrespective she needs a new visa in her passport.
2. Basically its the H1 employer who has to bear the cost , you can pay for premium processing if you wish to. Overall cost can range from 3-6K USD depending upon the legal firm.
3. If her H1 was approved from 01-Oct-2014 but she worked only from 24-Nov-2014 onwards, she was basically out of status from 01-Oct till her first pay day. It may/may not be an issue depending upon how far back USCIS goes to determine her status.

This is my opinion not legal advice.

[Rakesh Kumar A]

Its responsibility of her employer to ensure they have work visibility. But if client is not willing to give letter, you can only go through the employer, and in future probably look for a better employer/client.
1. She can leave no issue, avoid Europe routes as she does not have a valid US visa. In order to return on H4 she would have to attend a fresh H4 stamping. See if she qualifies for drop box facility, irrespective she needs a new visa in her passport.
2. Basically its the H1 employer who has to bear the cost , you can pay for premium processing if you wish to. Overall cost can range from 3-6K USD depending upon the legal firm.
3. If her H1 was approved from 01-Oct-2014 but she worked only from 24-Nov-2014 onwards, she was basically out of status from 01-Oct till her first pay day. It may/may not be an issue depending upon how far back USCIS goes to determine her status.

This is my opinion not legal advice.

During stamping do the consulate ask for pay stubs? Her employer has provided the pay stub for October. She is yet to receive November pay stub but may not receive December since she would be in India then.

[raghvi]

During stamping do the consulate ask for pay stubs? Her employer has provided the pay stub for October. She is yet to receive November pay stub but may not receive December since she would be in India then.

I dont think they will ask for her paystub if she goes for H4 visa, they may ask for your paystub as she is going as your dependent.

This is my opinion not legal advice.