Change of status from H1 to H4

[sweta_vkaagrawal]

Hi,

This is Sweta here. I entered U.S on Nov 2006 in H4 Visa (H4 Visa expiry Sep 2008). So I applied for H4 Extension (Reciept date - May 27 2008, Notice/approval date - Aug 26 2008). Simultaneously I applied for H1B premium & got the approval. (Receipt Date: April 25 2008, Notice/approval date May 23, 2008) My H1B valid from 1 Oct 2008. It has been 8 month since Oct 2008, I am still looking for a job. I have not yet run the paystub. I will be running paystub for June & July 2009.

Here are my queries in relation to above.
1. What is my current status as both H4 extension & my H1B came simultaneously almost at the same time (Refer the dates above). Am I on H4 or H1B status. Please clarify.
2. Now since I am not getting the job, I am planning to change back to H4 status. I guess I need to use form I539 for change of status. How to go about changing the status back to H4. Do I need to submit the proof (ie. last 2 paystubs, appointment letter, termination letter etc.) along with I539 form that I was in valid H1B status before applying for change of status to H4.

Let me know if you require any more information. Appreciate your prompt response on this.

[kabkaba]

You need to consult an experienced lawyer to figure out your status.
I am not sure, but if your H4 extension decision was done later by the USCIS, you may already be in H4 status. Working and 'running' payroll in such case will be illegal.
If on the other hand, the attorney figures out that you are in H1 status, you are actually out of status. Don't pay your consultant to run **** payrolls. It is immigration fraud as well as tax fraud. Complain to DOL instead.