H4toH1trouble

[DMX17]

txh1b,

Please don't go on a vacation.

[txh1b]

Please let me know if I have understood this right. so I can go out of the country now(to overcome my out of status problem), come back on H4 again. But my H1b will still be intact & valid. And I just have to file for a COS again. Is my understanding right? If so how do I file for COS again then. Is there a separate form for COS?

COS is an amended I129 form with the right check boxes that has to be filed by your employer to request H1b status again. It can be from the current employer or a new employer.

[txh1b]

Please don't go on a vacation.

These airlines don't offer refunds anymore. That kinda sucks!

[szzn]

no..... I dont want to be in any legal trouble. I just want to find a solution to my problem. I have been going thru this stress for a year now. If going out and coming back will be solution to my problem then it would such a relief. I havent gone out of the country for the fear that I wont be allowed to come back. If only somebody had told me that... that was the solution.. it would have been so much better for us.

[szzn]

my only concern is wont they ask for paystubs from my previous employer. and wont they ask for any other info...

[txh1b]

That is a solution if your H4 visa is still valid. Assuming the risk that at the POE, they might ask about the H1b status, which normally does not happen. If it does, you can say USCIS has never gotten the approval notice to you.

You should have talked to a lawyer if it was causing so much stress instead of waiting so long and trusting your fraudulent employer.

Paystubs etc are requested to show proof of current status. If your current status is H4 (after returning), paystubs of the H1b holder could be asked to prove your H4 status.

[szzn]

ya we should have spoken to a lawyer. My husband & I assumed that the employer might know more info than us. thank u so much for all the info. shall get back to you if I have any more doubts. This forum was really helpful.