H1B Travelling to India without job

[jyothsnap]

I came to US last year on L1 visa in the month of Jan 2008.I have paychecks on L1 visa till December 2008. I applied for H1B in the month of march 2008 and I received my H1B visa in the month of July. I don't have any paycheck or job on my H1b visa. I need to travel to India in the month of July 2009 for some urgent personal work.

Before leaving to India can I apply for COS from H1 - H4(My husband is on H1 and has a job) and after leaving to india can i get stamped on h4 .

After returning to US again can I get back my H1B status again? I am very much in need of a job here

Please provide your suggestion accordingly

thanks
Jyothsna

[Subramanya]

I came to US last year on L1 visa in the month of Jan 2008. I have paychecks on L1 visa till December 2008. I applied for H1B in the month of March 2008 and I received my H1B visa in the month of July. I don't have any paycheck or job on my H1b visa. I need to travel to India in the month of July 2009 for some urgent personal work.

Before leaving to India can I apply for COS from H1 - H4(My husband is on H1 and has a job) and after leaving to india can i get stamped on h4 .

After returning to US again can I get back my H1B status again? I am very much in need of a job here

Please provide your suggestion accordingly

---- If you did not have a job on H1 and did not get paid you will be considered to be out of status. Your employer has to pay irrespective of a job or not as they have sponsored you based on the fact that they will provide a job. You can complain to DOL for all the pay for all these months

---- Before you leave the US to travel overseas, if you apply for any COS it will be considered to have been abandoned if you leave the country. Moreover, your record for H1 job and pay stubs will have to be provided as evidence and proof of your H1 status from July 2008 (starting Oct. 2008)

---- If your H1 was approved in July 2008, your status must have changed to H1 with a start date of Oct 1. and your L1 status would be void. There is something missing here or you are not revealing

---- Applying for a H4 visa you will be asked about your H1 pay stubs and other status matters and they will have to be proved

---- If all this is cleared and you are granted a H4 visa after coming to US you can apply for a COS with due verification of your H1 status from the time your first H1 petition was approved

Subramanya