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  • H4 to H1

    I came to US in May08 on H4 and I got my H1B in Oct'08 from a Consultant. I plan to transfer back from H1 to H4 by filing I-539.
    If i start a job in next 4-5months and plan to come back on H1B. Is it a new H1 or a transfer of H1? If it is transfer, do i need pay stubs from the previous H1?

    Thank you in anitcipation.

  • #2
    There are high chances to get COS h1-h4 would be denied if your h1b was approved with COS and you never get paid since october 2008.

    If you want to start working, your employer must file cos from H4-H1. It would be a new petition not subject to cap. you cannot start working until you get approval.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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    • #3
      Thanks for the info on H1-to-H4 transfer.

      however, for the H4 to H1 transfer later, will i require pay stubs?

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      • #4
        Yes, paystubs would be needed for H1 to which H4 was associated.

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