H1b to H4 conversion and H4 stamping

[A_NYC2005]

Dear All,

I'm having a valid H1b visa till 2011. I'm on bench since 5 months. I'm planning to change my stauts from H1b to H4. I'm thiniking of going to India and have my H4 stamping. If my H1 status is still active when I'm going for my H4 stamping, will there be any problem in my H4 stamping? Is it mandatory that before I go for H4 stamping, my H1b stauts has to be cancelled? or can I go for H4 stamping with my active H1b status.

Thanks

[shervin143]

COS from H1B to H4 from within U.S is not possible since you are out of status. Also, you may face issues with your H4 stamping for being out of status.

There is no such thing as bench when you are in H1B. Irrespective of whether you are productive or not, the company need to pay you. If your employer hasn't revoked your H1B petition, then you should complain to DOL and make them pay to avoid future issues.

Know your rights and responsibilities as a H1B holder

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-hol...ponsibilities/

[A_NYC2005]

Thanks for your reply.

I understand that I may face problems when I go for my H4 stamping. But is it mandatory that my H1b should be revoked before I go for my H4 stamping in India ( not in US).

Thanks

[shervin143]

Not necessary.

Thanks for your reply.

I understand that I may face problems when I go for my H4 stamping. But is it mandatory that my H1b should be revoked before I go for my H4 stamping in India ( not in US).

Thanks

[A_NYC2005]

Thanks for you reply.

When I go for my H4 stamping in India, will my spouse's documents suffice the requirements for H4 stamping even though my H1 is not revoked by then.

Thanks

[shervin143]

Yes. Here is the list of documents needed for H4 stamping.

https://www.immihelp.com/h4-visa-stamping-documents/

Thanks for you reply.

When I go for my H4 stamping in India, will my spouse's documents suffice the requirements for H4 stamping even though my H1 is not revoked by then.

Thanks

[A_NYC2005]

Thanks

When you meant yes. I anticipated yes for the following explanation. Please correct me If my understanding is wrong.
If my employer doesnot revoke my h1b and if i don't have paystubs ,then it is possible that i can go for a h4 stamping in INDIA with my spouse's documents.

Thanks

[shervin143]

It is not required to cancel the H1B petition to get H4 stamped. You can have a valid H1B petition and decide not to use it and go for H4 stamping.

Thanks

When you meant yes. I anticipated yes for the following explanation. Please correct me If my understanding is wrong.
If my employer doesnot revoke my h1b and if i don't have paystubs ,then it is possible that i can go for a h4 stamping in INDIA with my spouse's documents.

Thanks

[A_NYC2005]

Thanks for you information.

A small clarrification needed..

So does it mean that I can get my H4 visa stamped in INDIA by submitting my spouse's documents and not mine ( like my I-797, my paystubs)? please clarify.


Thanks

[A_NYC2005]

For COS from H1B to H4 in US, I have to submit my recent pay stubs. Can anyone tell me how many pay stubs are to be submitted for COS from H1b to H4?

Thanks

[shervin143]

About 3 pay stubs. If there is an RFE for more pay stubs, then you need to send them more. Btw, didn't you mention that you are in bench for the last 5 months? How are you planning to produce the recent pay stubs?

For COS from H1B to H4 in US, I have to submit my recent pay stubs. Can anyone tell me how many pay stubs are to be submitted for COS from H1b to H4?

Thanks