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  • Question about H1B status

    I have an important question on my status, and would appreciate your response.

    I got change of status from H4 to H1b in Nov 2005 through a contracting company, although I didn't start working on project. I may not be able to start till Aug 2006. My employer told me to submit a long leave letter, and told I'd fine with the visa status.

    Has anybody face this issue before, and what, if any, problems could I face?

    Thanks in advance,
    sdos2005

  • #2
    Not too sure if you can get away by just submitting a letter for long leave. 9 months is too long a period to go on leave or remain without a pay. Your visa might not go through unless you really start earning and paying your taxes...atleast for 6 months. Even then you will have to do a lot of explanation for having remained without a pay for so long.
    VEENA
    (NOT LEGAL ADVICE)

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    • #3
      H1 person is out of status when s/he stops earning. Leave without pay is acceptable only when person is out of country.

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      • #4
        Thanks Veena and Nishant for your prompt response.

        Since I don't forsee working in near future. I'm changing my status from H1 to H4.
        - Will there be a problem in change of status application since I'm not working on H1.

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