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H1 to H4

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  • H1 to H4

    Hi ,I am on H1 B visa ,its valid till July 2010.I was done with my project on Apr 30,still looking for a project,meanwhile my employer denied to run my payroll, so May,June my paystubs were not generated,I would like to convert my status from H1 to H4 and once I get a project get back to H1B.

    I have couple questions

    1.Do I need my recent paystubs for filing to H4

    2. Since I din't get paid for 3mths I am thinking of complaining to dol

    3.I never received LCA from my employer,Inorder to file WH4 with dol ,do I need that document.

    4.Now that I will be filing a case against my current employer after my COS to H4 ,again when converting back to H1 on getting a job ,can I file my H1 with a different employer , with the same H1b ,even if my current employer cancels or revokes my H1b.

    5.what If my H4 gets rejected ,and If my current employer cancels my H1b after filing the case with dol,what will be my status.


    Please let me know

    Thanks in advance

  • #2
    1. Yes
    2. Do it. That is the law.
    3. No
    4. Yes
    5. It will get rejected without paychecks. You have been out of status.

    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.

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