Process for H1 to H4 conversion without working, since I got my H1(oct 2014)

[mahimanoor]

Hi

I am on H1 Visa and I am not working since i got my H1 approved(OCtober 2014).I don't have paystubs.Now I want to convert to H4.
Please anyone let us know what is the process for conversion.I have few questions

1. In which office should I apply for this process?
2. what are the documents needed ? Are the below documents enough or any other docs required??
a.Passports and I-94 for my spouse and I.
b. I-797 for my spouse and I
c. Marriage license
d. My three latest salary stubs

3.May I know what is the minimum LCA for WA??
4.What is the fee?
5.What is the problem if I go to India at this time??

[raghvi]

Hi

I am on H1 Visa and I am not working since i got my H1 approved(OCtober 2014).I don't have paystubs.Now I want to convert to H4.
Please anyone let us know what is the process for conversion.I have few questions

1. In which office should I apply for this process?
2. what are the documents needed ? Are the below documents enough or any other docs required??
a.Passports and I-94 for my spouse and I.
b. I-797 for my spouse and I
c. Marriage license
d. My three latest salary stubs

3.May I know what is the minimum LCA for WA??
4.What is the fee?
5.What is the problem if I go to India at this time??

Being on H1 and not getting paid makes you out of status. And the longer the out of status period the more the complications in future immigration processes. Whether you have work or not, the employer is obligated to pay you.

As you are currently out of status you cannot move to H4 while being in US. You basically have two options, complain to DOL against employer for not paying you OR leave US , go for H4 stamping and return on H4 visa.

This is my opinion not legal advice.