H4 to H1 Documents List - Urgent Help

[Jazminerose123]

Hi,

I am in USA on H4. My husband is not supporting me and I am living with my Aunt. I want to apply for H1 and my husband is refusing to give me the required documents. Can you please let me know if I need my husband's documents like H1, Paystubs, W2 Etc for me to apply from H4 to H1. Please help me with options and Documents check list. Please help !!

[shervin143]

If you apply H1B with a chnage of status from H4, then you need to prove that you have been on valid H4 status. Since H4 is dependent on H1B, then you will need to provide the latest pay slips and employment verification letter from the H1B holder. Alternatively, you can file the H1B as a consular process with just your documents. When approved, you have to leave the country, get the H1B stamped and return back in H1B visa to work.

[Jazminerose123]

Thank you ! I tried talking to my husband several times but he is not giving the documents and threatening me to go back to my parents without him. He is not willing to go with me to India to solve the situation.
Can I take this issue legally in USA and make him come with me to India?