H1 to H4 transfer...advise request

[tanikella01]

Hi

[milda]

As per me, you are out of status since Oct09. It will definitely going to be a problem as you were on H1 and without any paystubs since last 7 to 8 months. But still if you are lucky, you will get h4 stamped without any problem!!!

while making appointment, you should select "you are on h1" as still you have not changed your status from H1 to H4, right? Atleast, if that was the situation, you should apply for COS status change from H1 to H4 instead of sitting idle on h1 without any pay. Whatever you want to do, do it fast. Because your stay is now considered as illegal.

If possible, take help of some good attorney.

[Note:- I am sharing my views, contact your attorney for the best advice]

[tanikella01]

Thanks,
Can you suggest me of any good immigration attorney I stay in CA Also in the DS 156 form what should I mention for my "present occupation"?

[shervin143]

COS to H4 is not possible when a person is out of status. COS to H4 requires latest pay slips from H1B employment. His stay is not considered illegal, since has a valid I-94. But he is out of status on the H1B.

When a person is in H1B, he/she need to be getting paid irrespective of whether there is a work allotted or not. If not, you can complain to DOL and make the employer pay to get back to the legal status.

Go through these links

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

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

https://www.immihelp.com/h1b-visa-em...int-procedure/

you should apply for COS status change from H1 to H4 instead of sitting idle on h1 without any pay. Whatever you want to do, do it fast. Because your stay is now considered as illegal.