H1 to H4 conversion when out of status

[Anupama Menon]

Hi,

I came to US in H4 visa and I got my H1B in 2014 October. I was searching for project till December 2014. I couldn't get any project till date. I am pregnant now and I wont be able to work for next 4 months. Is there a possibility to convert my H1 to H4 as my husband is here in US and convert back to H1B once I get a project. I am worried because I stayed here without salary for 2.5 months and will it effect my change of status from H41to H4 and back to H1 again?

Will I need to go out of country for Change of status?

Kindly help me as I am going through a critical situation.

Thanks,
Anupama

[raghvi]

Hi,

I came to US in H4 visa and I got my H1B in 2014 October. I was searching for project till December 2014. I couldn't get any project till date. I am pregnant now and I wont be able to work for next 4 months. Is there a possibility to convert my H1 to H4 as my husband is here in US and convert back to H1B once I get a project. I am worried because I stayed here without salary for 2.5 months and will it effect my change of status from H41to H4 and back to H1 again?

Will I need to go out of country for Change of status?

Kindly help me as I am going through a critical situation.

Thanks,
Anupama

Yes you seem to be out of status as you are not currently working and getting paid. So if you apply H1 to H4 now, USCIS will ask yor for proof of valid status in terms of pay stubs. As you do not have them USCIS will most likely deny the COS and you would have to go out of US and re enter on H4 visa to move back to H4 status.

This is my opinion not legal advice.

- - - Updated - - -

Hi,

I came to US in H4 visa and I got my H1B in 2014 October. I was searching for project till December 2014. I couldn't get any project till date. I am pregnant now and I wont be able to work for next 4 months. Is there a possibility to convert my H1 to H4 as my husband is here in US and convert back to H1B once I get a project. I am worried because I stayed here without salary for 2.5 months and will it effect my change of status from H41to H4 and back to H1 again?

Will I need to go out of country for Change of status?

Kindly help me as I am going through a critical situation.

Thanks,
Anupama

Yes you seem to be out of status as you are not currently working and getting paid. So if you apply H1 to H4 now, USCIS will ask you for proof of valid status in terms of pay stubs. As you do not have them, USCIS will most likely deny the COS and you would have to go out of US and re enter on H4 visa to move back to H4 status.

This is my opinion not legal advice.