Transfer H1 to H4 Visa

[rkg_ra]

Hi
Can some one help me please?

My wife is holding H1-B visa. Her project end December 2009 and after she did not get project and still searching for project.
Her Employer is now advising to change her status to H4.I have following questions:
1. Is it necessary to convert her visa H1 to H4 and why?
2. What documents she need to change her status.
3. Does she need recent pay slip? She did not work last 9 months.
4. If she will get project after she convert H4 visa then how he can come in H1 visa status.
5. Is she need to work with same employer if she want to come back in H1 visa.

Thanks in Advance.

[shervin143]

My wife is holding H1-B visa. Her project end December 2009 and after she did not get project and still searching for project.
>>>>> I guess you mean Dec 2008.


Her Employer is now advising to change her status to H4.I have following questions:
1. Is it necessary to convert her visa H1 to H4 and why?
>>>>> Yes. While you are in H1B, you need to be working and get paid. If not, you are out of status. For being out of status for more than 6 months you could get up to 3 year ban. If you are out of status for more than 12 months, you could get up to 10 year ban.


2. What documents she need to change her status.
>>>>> She is been out of status for almost 11 months now. COS from H1B to H4 is not possible. You need to consult a good immigration lawyer.


3. Does she need recent pay slip? She did not work last 9 months.
>>>>> Yes. Irrespective of whether she was in a project or not, she need to get paid when she is in H1B.


4. If she will get project after she convert H4 visa then how he can come in H1 visa status.
>>>>> By filing a COS from H4 to H1B and if it gets approved.


5. Is she need to work with same employer if she want to come back in H1 visa.
>>>>> No.

[txh1b]

You need to complain to DOL and get paid or consider your immigration and future in US screwed.