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H4 to H1 old pay stub

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  • H4 to H1 old pay stub

    Hello ,

    I was on h1 and later filed h4.
    Now i want to go back to h1 and i noticed that my previous h1 is not cancelled by employer.

    So can I use that h1 to transfer to new employer ?
    Please note i am misisng in between pay stubs so can i file new h1 transfer with pay stubs about 5-6 month old.


  • #2
    If you did a COS or entered on H4 and received a new I94, you are on H4 status and cannot "transfer" since you must be on H1B to begin work prior to receiving the new H1B approval notice. You are not subject to the cap if you have not used your entire 6 years and need to file for an H4 to H1B COS.

    If you have not been working and did not actually go to H4 status, you are out of status and cannot "transfer" since you must be in status to do so.

    Please realize that the term "transfer" is frequently understood to mean that you can begin work before receiving the new employer's approval notice with the attached I94. This may not be your interpretation in your situation. If you have additional questions or issues that you believe can affect your ability to utilize the "transfer" option, you should discuss your particular situation with your new employer's attorney.


    • #3
      Thanks for the reply .

      what i want to understand is, is it okay to switch back to h1 since h4 is just filed and not recived it. and can h1 be done with old pay stubs ?

      my lawyer said it will take 8 months to get actual h4 done but it is filed at embassy.

      i quit my old job on h1 but h1 is not cancelled.

      does h1 turn inactive once i file h4 ?



      • #4
        You are not clear in your explanation.

        If your H4 was filed as a COS from H1 to H4 and if it was filed immediately after the last paystub was received or earlier, you could possibly get back on H1b. You can go work for the same employer but you should stop working as soon as your H4 gets approved. The inbetween period without paystubs is considered out of status.

        Look up last action rule or be specific as to what you want to do.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.