H4 Pay Stubs

[A_NYC2005]

Dear All,
I am currently on a valid H1B visa. I am thinking of converting my H1 to H4. I have told that I need to submit my pay stubs for converting my H1 to H4. As far as my understanding, submitting my spouse's pay stubs and the required documentation pertainting to my spouse should suffice the requirement.

Can anyone please explain why do I need to submit my pay stubs for filing the H4?

Thanks

[shervin143]

To prove that you were on valid H1B status all these days. If there were no pay stubs while on H1B, then you are out of status and COS to H4 is not possible.

[A_NYC2005]

Thanks for your reply.

I cam eto know that my spouse's pay stubs would suffice for the coversion from H1 to H4. Can you please confirm me on that? Can you please tell me the website where I can get information regarding the list of documents to be submitted for change of status from H1b to H4. What is the grace peroid for being out of status and on what conditions will I be out of status?

Thanks.

[shervin143]

I came to know that my spouse's pay stubs would suffice for the coversion from H1 to H4.
Already answered. If your current status is H4, then you need only your spouse's pay stubs. If your current status is H1B, then you need your recent pay stubs too to prove that you did not go out of status. If you are out of status, then COS is not possible.

Can you please tell me the website where I can get information regarding the list of documents to be submitted for change of status from H1b to H4.
http://www.immihelp.com
For COS to H4, you need to file form I-539. you need a copy of the primary H1B holder's I-797 (Including the I-94), two months of pay stubs of the primary H1b applicant, clear passport copies of biographic and visa pages of H4 holder, marriage certificate and copy of unexpired I-94 of H4 applicant. See form I-539 for more details.

/show-form/i-539


What is the grace peroid for being out of status and on what conditions will I be out of status?
There is no such thing as grace period. If you are in H1B and if you don't have proper pay stubs, then you are out of status.

[A_NYC2005]

Thanks for your reply.

Can you please let know whom you are refering to when you mentioned Primary H1b holder? Is it me or my husband?

Thanks

[shervin143]

H4 is based on H1B. So when you apply for H4 (dependent) then the primary H1B holder is your spouse.

Thanks for your reply.

Can you please let know whom you are refering to when you mentioned Primary H1b holder? Is it me or my husband?

Thanks

[A_NYC2005]

You mentioned that my spouse's pay stubs are required for my COS from H1b to H4.. then what is the need for my pay stubs for my COS from H1b to H4?

Thanks

[shervin143]

Gosh! I don't know how much more clear I could be.

Your H4 approval depends on your husband's valid H1B status. If your husband is not maintaining his H1B status then your COS to H4 is not possible. To prove that he is maintaining his H1B status, you need to produce his recent pay stubs.

For you to do a change of status from H1B to H4, you need to prove that you were maintaining your valid H1B status all these days. For that, you need to produce your recent pay stubs. If you are out of status (no pay stubs means out of status. When you are in H1B, you need to work and get paid), then COS to H4 is not possible.

[txh1b]

You are not getting the point. An alien has to prove that they maintained proper status when applying for any COS. This means your H1b status proof through your paystubs is a must.

An alien also has to provide proof that they are eligible for the status they are requesting to change over to. This means you have to prove that you are eligible for the H4. The only way this can happen is to prove that the spouse maintains a H1b which is through his paystub.

[A_NYC2005]

Thank you all for the clarification.