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Reg change of status from H1B to H4 and H4 to H1B

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  • Reg change of status from H1B to H4 and H4 to H1B

    Hi,
    I am on H1B right since Oct2007. I got my H1B stamped recently. I could not get a project to work because of the present market situation being bad. I tried my best to find one project in my field, but my luck did not click me. And now that i'm pregnant i want to shift to H4 for few months, till i deliver the baby and look after the baby for 3months. So can it be possible for me to change from H1B to H4?? If yes what are the documents that are needed for the change of status?? And what is the process?
    And one more question, can i get back to H1B again?? If yes, what are the documents that are needed? As i did'nt work, i don't have any paystubs with me. So will that be a problem? Please guide me.

    Thanks,
    Tina
    Last edited by Tina80; 11-01-2008, 10:39 AM.

  • #2
    Read many similar posts. The law requires H1b holder to work and get paid. Your employer is required to pay you, project or not. That is the law. Complain to DOL on a WH4 form.

    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.

    Comment


    • #3
      see, my main problem is not about not getting pay, my main problem is will there be any problem in getting converted to H4 and later from H4 to H1B

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      • #4
        Once you are out of status inside US, no more status changes are permitted.

        If you are able to get on H4 status, you can go back to H1b later.

        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.

        Comment


        • #5
          I went outside US for 3 months on vaccation and i came last week and i'm planning to apply for COS to H4 in this week. I read some where that my previous out of status, before i went to India will not be counted now. So what do u think on this ? Is this correct?

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          • #6
            Why did you enter on H1b if you wanted to change status to H4? Nothing gets erased. There are some provisions for excusing some using 240(k) but not an easy thing nor is that reason for not following the law.

            A COS request now will open the book about the earlier out of status period as well. Consult an attorney.

            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.

            Comment


            • #7
              Thanks for answering all my previous questions. But can you kindly suggest me about what is the best solution to this according to your point of view? Your advice is really appreciated.
              I don't want to risk, i just want to get back to H4 without facing any problem.

              Please let me know.

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              • #8
                TXH1,

                Don't you have any suggestions for this issue?

                Any one else , can you put your inputs and help me how to get back to H4?

                I would really appreciate if you can help me.

                Thanks

                Comment


                • #9
                  I have given my 2 cents of legal workarounds. I don't suggest anything that is not legal. Go out, get a H4 and come back.

                  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.

                  Comment


                  • #10
                    And all the time you are not working after coming in on H1, you are accumulating out of status presence.

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