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H1 to H4 -out of status/I539?

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  • H1 to H4 -out of status/I539?

    Hi, i entered US in depandent visa H4 in 2006 with I-94 valid till 2008 February & then i filed for H1B petition & got approved for October 2007.but since then i havent got any project & am in bench without any paystub to maintain my legal status in US meanwhile iam expecting my baby soon
    Recently i came to know that am out of status because am not in companys payroll though my H1 visa validity is till 2010 & when i spoke to my company which holds my H1 they wanted me to go my home country & get H4 stamped or to apply for I539 in US stating health reasons
    Pls clarify on each of the following:
    1.If i file I539 will COS go through without any paystubs?supporting it with health reasons & medical letter.
    2.I was told,even if i try for visa H4 stamping from my home country,since i have stayed in US out of staus for an year so cant reenter US for 3 years- does the law say so-is that true?
    3.company says i can get back to US with H4 visa stamped in home country & again file for H1 amendment which doesnt come under H1cap- is that possible for this COS to go through as i dont have any paystub to support my H1

    thanks in advance

  • #2
    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.

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    • #3
      Wh4

      The only way you can get back in status is by filing WH4 form against your employer with DOL. This has to be file in your home state DOL.
      Otherwise, nobody can save you from a ban since you stayed over a year illegally in this country.

      Best luck,

      Ajay

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      • #4
        advice needed from txh1b

        Hi
        my wife was in L1B with a mnc company and she had her H1B picked up in lottery.
        The current status showing is case recieved and pending but the company is saying that it has approved .
        When asked for a proof of that,they are not willing even to send the scanned copy
        or the original documents as the company fears I might apply for transfer.
        She was pregnant and was in maternity leave from 30 sep 2008 till end of december 2008.
        My baby was born on 29 Nov 2008.Meanwhile her L1B got expired on dec 4 2008.
        So she had to resign from the company during Jan 2009.
        She is right now looking after the baby and she is not working right now and so no paystubs .
        I went India for H1B stamping and came here on Nov 6 2008 and will be getting paystub effective Jan 2009 and not before that.
        So in this situation
        1)Can I ask her employer to file h1b to h4 without my paystub as they dont want to give any document related to her H1B not even i-94 .
        2)Go for stamping to mexico with my approved h1b stamping and one month paystub i.e during Feb 2009?

        Also I am not sure what status she is right now in !!
        Please advice .


        Regards,
        Venkat

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        • #5
          I appreciate your help & suggestions...thank u all

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