H1-h4 cos

[schalla]

Hello,

I will be going for my H4 visa during the first week of October..
My previous status in US was H1B- still not expired. But unfortunately, never worked and so have no paystubs.
Now I will changing my visa to H4... H1 holder is my husband. He has paystubs and offer letter and I797 approval

Can anyone post their experience at the embassy for this H1-H4 conversion
Will they check my(spouse's) previous status in US. In case the officer asks for my previous status, should I say H1b or F2..
My passport has a F2 stamped.. h1B is not stamped.. I have the small I-797 document.

How was the interview and what were the questions asked. Did they look at your H1b pay stubs..
I have primary applicant(my husband's) approval and 1 yr pay stubs

Thanks in advance
SC

[shervin143]

If your H1B was a COS from F1, then your previous status was H1B. If you never worked on H1B, then you are out of status on H1B and it could cause issues if the VO asks for your pay slips or W2 to prove that you maintained your valid H1B status. When you are in H1B, irrespective of whether you were on a project or not, you need to be getting paid. If yur employer didn't pay you, then you can complaint to DOL and make them pay. A copy of a complaint to DOL may help you overcome the out of status issue.

Go through these links

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

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

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

[schalla]

Sir,

Thank you for your response. H1B was a COS from F2.
I could consider filing a DOL..
What is the norm in a H4visa process. Do they check my visa validity.. or the primary applicants' documentation.

My employer never paid me a single penny. How many days could this take and what are the risks involved. If the USCIS tracks down abt my out of status..

Thanks
SC

[shervin143]

When you go for H4 stamping, they would definetely check to make sure the primary H1B candidate (your spouse) is maintaining the H1B status or not. To prove that, you should carry the lastest pay slips, employment verification letter and copy of a W2 of your spouse along with the other documents.

Sometime, the VO would ask your pay slips to prove that you were on valid H1B status while you were in U.S on H1B. If you couldn't prove that, then the VO could issue you a 221g asking for the relavant documents.

Being out of status could cause issues when you file petitions with USCIS in future including the GC process.