COS H4 to H1 Checklist

[hope5580]

Hi,

Please help me with the document checklist for me to apply for COS from h4 to h1.
Do i need to submit the copy of my husband's h1 and paystubs. Is it mandatory to submit my husband's documents too? We are living separately and I may not be able to get copies of his documents.
Please suggest me with alternate options. I have a valid job offer and an employer ready to file my H1. its just that I dont have any copies of my Husband's documents and am sure he will not give me the copies. Please help !!!

Thank you in advance for all your valuable suggestions.

[shervin143]

Please help me with the document checklist for me to apply for COS from h4 to h1.
>>> http://www.immihelp.com/forum/showthread.php?t=75721

Do i need to submit the copy of my husband's h1 and paystubs. Is it mandatory to submit my husband's documents too?
>>> Yes. H4 is based on H1B. So payslips and approval notice of the primary H1B holder are necessary to prove that H1B holder is maintaining the valid status in U.S. If the H1B holder goes out of status, so does H4 dependents. That is why it is required to produce the payslips are approval notice and a copy of the I-94 of the primary H1B holder to get the COS approved successfully.

We are living separately and I may not be able to get copies of his documents. Please suggest me with alternate options. I have a valid job offer and an employer ready to file my H1. its just that I dont have any copies of my Husband's documents and am sure he will not give me the copies. Please help !!!
>>> You can apply for the H1B as a consular process instead of COS. If you are not requesting a COS, then you can just apply the H1B without only your documents. When the H1B gets approved, you can get the visa stamped and return back to work or the H1B employer.

[DGirl]

Hi,

Please help me with the document checklist for me to apply for COS from h4 to h1.
Do i need to submit the copy of my husband's h1 and paystubs. Is it mandatory to submit my husband's documents too? We are living separately and I may not be able to get copies of his documents.
Please suggest me with alternate options. I have a valid job offer and an employer ready to file my H1. its just that I dont have any copies of my Husband's documents and am sure he will not give me the copies. Please help !!!

Thank you in advance for all your valuable suggestions.

Are you applying for Change of status from H4 to H1 or H1 to H4?

If applying for H4 to H1 you dn't need any of your husband's documents.

[shervin143]

If a COS is requested from H4 to H1B, then how in the world are you planning to prove that you are maintaining the valid H4 status without the primary H1B holder's documents like the latest payslips? Unless you prove that you are maintaining your current immigration status, the COS is not going to get approved.

If applying for H4 to H1 you dn't need any of your husband's documents.