H1 to H4 and then again to H1

[sincanvin]

My wife came to US on H4 visa in May 08 and then later she got her H1 visa stamped in Dec 08. But due to slow economy she is not getting any project and is without any earning since Jan this year. I came to know that she can change her Visa status from H1 to H4 for the time being and then continue searching for a job and once she gets a job again come back on H1.her status to H4 but have some questions related to this.

1. What role her current employer has to play in this? Does this mean the current employer will still own the H1 even after change of status or she can go with new empolyer in future.

2. Can she travel outside US (India) and come back when the change of status to H4 is filed as she does not have any pay stub during her stay on H1? On what visa she will travel to India because on her passport she has H1 as well as H4. Initially she came to US on H4 but in Dec 08 she got her H1 stamped.


Pl. give your suggesstions.

Thanks,
Vineet

[txh1b]

There are really too many posts on the same lines in the recent week or two. Look at them.

[sincanvin]

Thanks. I have read the earlier threads on this subject but I did not find the following queeries in any one of those

1. What role her current employer has to play in this? Does this mean the current employer will still own the H1 even after change of status or she can go with new empolyer in future.

2. Can she travel outside US (India) and come back when the change of status to H4 is filed as she does not have any pay stub during her stay on H1? On what visa she will travel to India because on her passport she has H1 as well as H4. Initially she came to US on H4 but in Dec 08 she got her H1 stamped.

[addy]

can someone please reply to this. Even I have the same query and havent found any answer till now

[txh1b]

For any status change inside US, one needs to be in valid status. For a H1b, it means getting paid. If that is not happening, complain to DOL on a WH4 form. The employer must pay. That is the law.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

1. Pay for the H1b period as per the law. She can file for COS to H4 if paid. No fraud schemes of creating paystubs which is immigration and tax fraud. Petition can remain with employer.

http://www.immihelp.com/forum/showthread.php?t=60461

2. COS is not possible and will not go through as she has been out of status for 3 months now. CP is the only option. Out of status period has to be declared on the DS156 if getting a new H4 visa abroad.

[sincanvin]

Thanks for the response. I really appreciate.

If she has all the pay stabs for the period and she applies for the COS
then Can she travel outside US and come back when the change of status to H4 is filed as she does not have any pay stub during her stay on H1? On what visa she will travel because on her passport she has H1 as well as H4. Initially she came to US on H4 but in Dec 08 she got her H1 stamped.


Pl. respond.

Thanks,
Vineet

[txh1b]

If she has all the pay stabs for the period and she applies for the COS then Can she travel outside US and come back when the change of status to H4 is filed as she does not have any pay stub during her stay on H1?

You are contradicting your own statement here. You say she will have pay stubs and then asking about no pay stubs.

If she has H4 visa, she can return on H4. At POE, she has to say tat she is entering on H4 and present your petition details.

[kabkaba]

Don't try to generate false pay stubs, you will get into tax fraud as well as immigration fraud.

[sincanvin]

Yes, she has H4 visa stamped on her passport which was not cancelled when she got her H1 stamped in Dec 08. Does this mean she can use the H4 visa to travel after COS or she will have to go for fresh H4 stamping again.