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H4->H1->H4 Question

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  • H4->H1->H4 Question

    Hello,

    My Wife got the H1 approval on Oct-2008 and due to some medical reasons she was not able to work on any project till now and no pay stubs also.
    Now we are planning to go back to H4( She has her H4 stamping till Oct 2010 which was issued as depended on me before she got her h1b approved)

    I have the following questions please help –

    1)Is it possible to do COS from H4 to H1? If so do they require any of her pay stubs.
    2)Does she have to go for stamping again after the H4 approval as she already have stamping till Oct 2010.
    3)If she gets the job on later months, can she still use that H1 approved cap to change her status back from H4 to H1?

    I searched the forum for an answer to my 2nd question from above, but did not get related answer.

    Please advice.

    Thanks.
    Last edited by rags_09; 02-23-2009, 02:56 PM.

  • #2
    She is out of status due to not working on H1b and getting paid. Talk to a lawyer. USCIS is well aware of benching without pay and using medical as a reason for LOA and will not fly well unless there is documented medical records to prove so.

    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
      Thanks for the immediate reply.

      Yes, we have all appropriate medical documents and doctor bills also we have a medical certificate from doctor on this period. I am still wondering on the following questions that I asked earlier.

      Can you please advice.

      Thanks.

      Comment


      • #4
        1. You could try but it may not work. If she is fit to work now, she should get paid by the H1b employer.
        2. No. She can travel out and return on a new I-94 on H4 status.
        3. Yes. She cannot work unless the amendment back from H4 to H1b is approved. Alternative is to get a H1b stamp and enter on H1b.

        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

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