h1 to h4 COS supporting Documents

[admi]

Hi,
Here is brief descreption of my status.

Entered US in Apr2008 on H4( H4 valid till 2011).

H1 approved from 1Oct2008.
H4 to H1 COS received on 17NOv2008.
Reported to work from 1st Dec 2008.
Paycheqs are from Dec08 to Feb09.

My project is ending in 2nd week of march09, I want to switch back to H4 due to personal reasons.

My questions are
From 1Oct2008 to 17Nov2008, on which status i was ?
From 17Nov - 1Dec without pay (reported to work from Dec 1st), is it out of status?


which supporting documents are required for filing I539 (COS).

Thanks in advance,
adm...

[DMX17]

Was your H1 applied with a Change of Status? If yes, you status changed to H1 from Oct 1st. In this case, you were out of status till Dec 1st.

[admi]

Thanks DMX17 for your answer and time.

My h1 filed before entering US (1apr2008).
I entered US on 15 Apr 2008 on H4.
my H1 approved in Oct2008. Got COS from H4 to H1 on 17Nov2008.
So even if I dont file I539(Amendment COS for H4 to H1)
Is my status changes from H4 to H1 automatically.

I heared that if someone is already in US on h4 and got their h1 approved, Their employment starts when they report to work (usually within 180 days of approval).
Is it true?

If above is correct, then am I outof status?
If not what is the solution for this?

[txh1b]

What you heard is wrong. Your COS approval of H1 means you no longer hold the previously held status from which you changed to H1b.

You were out of status. Your employer must pay you regardless for you to be in status or change to any other status. Complain to DOL on a WH4 form. They will get your pay as well as restore your status.

Talk to a lawyer.