change of status H1-H4

[simmyp77]

My wife is having H1B visa since Jan 2010. We have been trying for a job but unfortunately nothing worked out till now. We are planning to change her status back to H4. Could you please help me clarifying the following

1. how can she change the status? is it required for her to travel outside of coutry to change the status?
2. She has not worked in H1b at all. will that be a problem ?
3. Is it good to travel to Canada if need to travel or best option to go to India?

appreciate your help on this.

Regards,
Simmy

[shervin143]

1. how can she change the status? is it required for her to travel outside of coutry to change the status?
>>> Change of status is not possible within the country when a person is out of status. The only option is to leave the country and return back in H4 visa.

2. She has not worked in H1b at all. will that be a problem ?
>>> When you are in H1B, you need to be working and getting paid. Future H1B petitions / Stamping can become a problem.
https://www.immihelp.com/h1-visa-hol...ponsibilities/

3. Is it good to travel to Canada if need to travel or best option to go to India?
>>> If she has a valid H4 visa, then she can travel out of the country and re-enter back in H4 visa. If she doesn't have a valid H4 visa, then it is advisable to get the stamping done in the home country because there are chances that the visa could be denied for being out of status.

[simmyp77]

Thanks for the response. appreciate it.
I have a couple of more questions.

1. how long it will take if we apply for change of status? Meaning in her case, she has H4 extension but visa not stamped. So if she decides to go to India, can the COS and stamping requests(DS 160) be done together?

2. When we do the stamping for H4, do we need to carry some supporting evidence for why she was not able to work in H1 visa?

[kabkaba]

Thanks for the response. appreciate it.
I have a couple of more questions.

1. how long it will take if we apply for change of status? Meaning in her case, she has H4 extension but visa not stamped. So if she decides to go to India, can the COS and stamping requests(DS 160) be done together?

COS is done within the US (same as extension of status, in fact using the same form I-539). When you are outside the US, you have no status. You get any particular status when you enter the US using that particular visa. So for her as she does not have the H4 visa, she will need to apply for it at a consulate and if issued, she can use that to enter the US in H4 status. This will take as long as a visa application takes. For this visa she will need to show your petition approval notice, your I-94 copy and a supporting letter from your employer as well as the proof of your relationship such as marriage certificate.

2. When we do the stamping for H4, do we need to carry some supporting evidence for why she was not able to work in H1 visa?

She may be asked for paystubs.

Answers above.

[simmyp77]

Thanks friend for the quick response.

on the second question:
2. When we do the stamping for H4, do we need to carry some supporting evidence for why she was not able to work in H1 visa?

She may be asked for paystubs.

My question: since she has not worked for almost 7 months, she has no paystubs. is there any other docuements such medical reasons will support in this case?

Also how do we know she is out of status? and since when she is out of status? Does it mean from the the date H1 approved, she is out of status?

Once again thanks again you for your help in clearing these confusions..

[shervin143]

When you are in H1B, you are expected to work and get paid. If she couldn't work due to medical reason, then you should have filed a COS to H4 immediately instead of waiting for 7 months. I don't think the VO will buy this excuse.

Out of status starts from the date on which you are in H1B status but without pay slips.

When a person goes for H4 stamping, mostly they check the details of the primary H1B candidate.