COS from H1 to H4_Paystub generated

[ssmnaidu]

Hi All,

I am on H1B valid visa and my payroll also generated for the month December 18th - 31st.


But recently we got information that from my husband's company that Change of Status (COS) to H4 was approved on December 21st . There was a miscommunication, since we didn't know that H4 was in process when we thought that it is on hold.

here are my questions:

1) Will it be a problem in future if apply for COS to H1B because payroll was already generated while H4 was approved?

2) what are the consequences in future?

3) Is it legal to have payroll generated while H4 was being processed and approved?


Thanks
SSM

[shervin143]

1) Will it be a problem in future if apply for COS to H1B because payroll was already generated while H4 was approved?
>>> It can. But I doubt if it will be an issue. Since the duration is less, you can respond that you immediately stopped working upon receiving the H4 approval noticein hand. This is why it is not advisable to file multiple petitions at the same time.

2) what are the consequences in future?
>>> You can be questioned when you attend the visa interview in the future. Technically, you will have to answer YES to the question 'Have you ever violated your immigration status' when you fill DS160 for visa stamping.

3) Is it legal to have payroll generated while H4 was being processed and approved?
>>> No. It is illeagl to work in H4 status.