Hi I came to us on h4 and my H1 got approved and is valid from oct 2009. But i did not work and my employer will be revoking my h1. My employer filed my h1 with COS My question is will my status become h4 if my h1 is revoked? or is there any other procedure involved?
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Status doesn't change to H4 automatically upon revoking the H1B. You need to get your status changed. COS from H1B to H4 is not possible since you are out of status (You need to provide pay slips to prove that you were earlier in valid H1B status). You have two options.
1) Go out of the country and return back on H4 visa
2) File a complaint to DOL stating that your employer didn't pay you while on H1B (The employer is supposed to pay you irrespective of whether you had a project or not). Attach a copy of that complaint while applying for COS to H4 (This might or might not work).Not a legal advice. Use of this information is strictly at your own risk.
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