H1B-H4-H1B ? Urgent Pls help!!!

[neeraj_ram]

Hi ,

I am in H1B visa but with no job for past 3 months. I got H1B(valid till July -2011) by COS from H4 to H1B. Now my employer wants me to go to India and come back in H4.He say he can do an amendment to get back my H1B once I get a job.

1. Can I enter US in H4 as my H4 validity is till Dec 2009 ?

2. Will I be questioned about my H1B when I enter US ?

3. Is this amendment to H1B possible once I come in H4 ?

Please reply. I am badly in need pf help due to the pressure from my employer.

[Subramanya]

I am in H1B visa but with no job for past 3 months. I got H1B(valid till July -2011) by COS from H4 to H1B. Now my employer wants me to go to India and come back in H4.He say he can do an amendment to get back my H1B once I get a job.

1. Can I enter US in H4 as my H4 validity is till Dec 2009 ?

---- Yes can enter US with H4

2. Will I be questioned about my H1B when I enter US ?

--- No

3. Is this amendment to H1B possible once I come in H4 ?

---- Yes, however it may take about 3-4 months time

Please reply. I am badly in need pf help due to the pressure from my employer

---- Employer cannot pressurise you for such things. That clearly shows that the employer is not willing to pay and just wants your services whenever they need you

---- As you state you are out of job for 3 months. If you are not getting paid for this period, you should demand payment or else complain to DOL.
It is your employer's duty to pay and ensure your status unless they decide to terminate you or lay you off or such other thing. In which case you need to seek a transfer or change form H1 to H4 while in the US to continue legal stay in the US

Subramanya

[neeraj_ram]

Thanks a lot for your reply.

[neeraj_ram]

Hi Mr. Subramanya,

I have one more question .

Will my travel to India and back to US in H4 affect GC process for my husband. As I am already out of status in H1B now.

Kindly reply.

[txh1b]

It could impact your GC as you have had out of status period. Demand your pay from the employer. They MUST pay you. That is the law.

http://www.immihelp.com/forum/showthread.php?t=44657

[neeraj_ram]

Hi txh1b,

I would like to know if my Husband's GC process would get affected?

Pls reply.

[golions]

H1-h4

Even I'm in the same situation. No job and payslips since Oct'08.
I was thinking of COS by filing form I-539. what documents do i need to submit for this? Do you know if I need pay stubs?

[txh1b]

The sooner you understand that being out of status is a HUGE issue, the better. What makes you think it is okay to stay without getting paid on H1b?

Ignorance is bliss!