H1 - H4

[gaganr]

I am on h1b. Wife WAS on h4 and still have a valid H4 stamp on her passport.

Wife got h1b in Oct 08 but never worked. We have given a letter of absence to the employer that she will not be able to work till may 09.

Looking at the economic conditions, we have decided to change her status from h1 to h4.

* Can she file for COS in the US? Note; We do not have any paystubs/W2 as she never worked and was on the leave of absence/unpaid leave.

* can she go to india and come back on the Existing H4 which is already stamped on her passport?

* If answer to Q.2 is NO then, will there be any issue during H4 visa interview as she never worked on H1b?

[txh1b]

LOA is the lamest thing one could use and USCIS is well aware of these benching without pay situations. She has be out of status since Oct 08 and you are in for some major trouble during H1b stamping and especially during GC.

LOA for what reason? Medical? Do you have records to prove so?

[gaganr]

LOA is already given due to Pregnancy. I am not going in for GC, so that is out of question..

Question is if my wife is out of status, what are the possibilities to get her back in a valid H4 status

[itzprams]

Question is if my wife is out of status, what are the possibilities to get her back in a valid H4 status

See an immigration attorney.