H1b to h4

[vardhan354]

Hi,
My wife is on H1B visa and we are in U.S.However her project was over and her last payroll is on October 1,09 and her employer advised her to change the status.
I might be visiting India this October.My H1B visa stamp currently in
passport expires on 10/1/2009,however I-797(Approval Notice) is valid until
10/14/2010.Therefore I need to go for VISA stamping when I visit India.Is it
OK if I take my wife along with me and get her stamped with H4 Visa and
avoid the change of status (H1B to H4) here in US or do I need to first change her status here and go for stamping.Please advise.

Thanks,
VG

[shervin143]

She needs to apply for COS immediately from H1B to H4. She will be considered out of status starting 1st October if she continue to stay in U.S. Alternatively she can leave U.S immediately and when you visit India, she can go with you for the H4 stamping.

[vardhan354]

Thanks you.We are planning to go to India on Oct14.Her employer mentioned he will retain her H1B until Nov1.Will that be ok to go for stamping in India.

[shervin143]

If the employer decides to retain her H1B until November 1st, then she need to get paid for the time she is in U.S (1st Oct to 14th Oct).

Thanks you.We are planning to go to India on Oct14.Her employer mentioned he will retain her H1B until Nov1.Will that be ok to go for stamping in India.

[vardhan354]

Thanks!! Yes the employer would pay for her for the time she works in October.However by the time we go for visa, we might not have the pay stub as the payroll for Oct runs on Oct30.Will that be OK.
Was wondering how to answer the Visa Officer in case if they ask us.??

[shervin143]

That should be fine. You can explain the same to the VO.

Thanks!! Yes the employer would pay for her for the time she works in October.However by the time we go for visa, we might not have the pay stub as the payroll for Oct runs on Oct30.Will that be OK.
Was wondering how to answer the Visa Officer in case if they ask us.??

[vardhan354]

Thanks buddy!!!!