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H1 to H4 case status change query from USCIS pls help

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  • H1 to H4 case status change query from USCIS pls help

    hi

    My wife came to US on H4 and got her H1 from a company in Dec 2006 and She got SSN feb 2007 after six months she got project, she worked 4-5 months project was end in dec 2007 she went to india and stamped her h1 visa which is valid till 30th sept 2009.she got project and it ends dec 2008 Since then she is on bench and we want to transfer her from H1 to H4.

    She asked her emplyer to to genater salary slips for they never respond even they never picked her phone. she applied for H1-H4 case status change and she got a query from USCIS asking for evidence of three most recent pay statements befor 5th Oct 2009 but my wife is on bench from last 7-8 months, she is having the most recent salary slips of November 2008 and December 2008.

    my attrny is asking go to india before 30th of sept (her first three yrs of H1 expiring on 30th Sept. 2009)
    after she leaves and let them know that she wishes to withdraw the application because she has left the U.S. That way, she won't get a denial because of

    abandonment.

    Then, she can take my documentation to the U.S. Consulate there in India and apply for a new H-4.

    can anybody tell me is this the best solution ?


    Thanks in advance,its really urgent....

  • #2
    Originally posted by Leo123 View Post
    hi

    My wife came to US on H4 and got her H1 from a company in Dec 2006 and She got SSN feb 2007 after six months she got project, she worked 4-5 months project was end in dec 2007 she went to india and stamped her h1 visa which is valid till 30th sept 2009.she got project and it ends dec 2008 Since then she is on bench and we want to transfer her from H1 to H4.

    She asked her emplyer to to genater salary slips for they never respond even they never picked her phone. she applied for H1-H4 case status change and she got a query from USCIS asking for evidence of three most recent pay statements befor 5th Oct 2009 but my wife is on bench from last 7-8 months, she is having the most recent salary slips of November 2008 and December 2008.

    my attrny is asking go to india before 30th of sept (her first three yrs of H1 expiring on 30th Sept. 2009)
    after she leaves and let them know that she wishes to withdraw the application because she has left the U.S. That way, she won't get a denial because of

    abandonment.

    Then, she can take my documentation to the U.S. Consulate there in India and apply for a new H-4.

    can anybody tell me is this the best solution ?


    Thanks in advance,its really urgent....


    Your wife is out of status and being out of status is not fun. You should demand that the H1b employer pay her the salary by complaining to DOL on a WH4 form. That is the right thing to do.



    Don't involve yourself in immigration and tax frauds by generating paystubs etc...

    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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    • #3
      best thing to do

      It is best thing to do. Send her to India for H4 stamp with your documents. Later you can think of complaining to DOL.

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