Questions for H1 moving to H4, through CP

[shailu2014]

Hello,

 

I applied for H1B in April 2014 from within US while on H4.

Now my H1B is valid from Oct 2014 onwards.

I am wanting to go back to H4 due to some personal reasons.

My employer is not sharing the payslips with me yet. I am doubtful if he would share them.

 

I do know that COS would result in RFE without payslips.

 

I need to travel to India and planning to get my H4 stamped at the HYD consulate.

 

Would like your suggestions/comments/thoughts on the below questions please.

 

1. What are the chances of VO questioning about my H1 (I got approval in Oct and with in 3 months I'm moving to H4) and/or about me maintaining valid H1 status while in US?

 

2. When should I resign/inform my employer about my intentions to move to H4 (owing to the fact that already he is reluctant to share payslips and being non co-operative; I have no hopes if there is an RFE due to my H1 for my H4 application he would help me out with the required documents)?

 

3. Would there be a RFE on my H4 application due to my H1B ?

 

4. Is it ok to not have any of my payslips and go for H4 stamping. The only documents I have for showing me as an employee of XYZ company are offer letter, mail communications apart from H1 approved petition offcoz. I was not asked to fill out any time sheets or provided with the company email-ID; in case any of you suggest to complain to DOL do I have a valid case here?

 

5. Do any of you have successfully got your H4 stamped under the same circumstances(i.e.,no payslips & not complained to DOL for no pay/payslips) as me. What were the questions you were posed from VO?

 

Thanks for the time in reading through the post.

Appreciate if you could reply on these please.

 

Thanks

[jairichi]

First if your employer is not paying you then you need to file a complaint with DOL. This will help you to get your salary dues and also apply for COS to H4 or move to a good employer.

1. Possible.

2. Anytime you want.

3. Not for visa stamping.

4. If you are not paid you have a valid case against employer. For H4 visa stamping a copy of your spouse's I797 is enough.

5. Expect any question from VO. It should be fairly simple for H4 visa.

[shailu2014]

Thanks for the reply Jairichi,

 

I would like to rephrase my Q3 

What I meant to ask was-  During my H4 visa stamping, If the VO asks about my H1, and I am unable to furnish payslips related to my H1, then would there be a chance for a RFE for my H4 application; since there would be a possibility for them to think I may not have maintained Valid H1 status while in US, then why would they approve my H4 ?

 

I have all the required documents related to my spouse H1 for my H4 stamping, but just concerned since I will be moving from H1 status to H4 in short span of time. 

 

Appreciate your reply.

 

Thanks

[jairichi]

Thanks for the reply Jairichi,

 

I would like to rephrase my Q3 

What I meant to ask was-  During my H4 visa stamping, If the VO asks about my H1, and I am unable to furnish payslips related to my H1, then would there be a chance for a RFE for my H4 application; since there would be a possibility for them to think I may not have maintained Valid H1 status while in US, then why would they approve my H4 ?

 

I have all the required documents related to my spouse H1 for my H4 stamping, but just concerned since I will be moving from H1 status to H4 in short span of time. 

 

Appreciate your reply.

 

Thanks

Well, it is an issue if you apply for COS from H1B to H4 in US. But, for a H4 visa stamping it does not matter as all that VO needs to check is whether your spouse is in US on H1B status. But, my suggestion for you would be to file a complaint against employer with DOL and get your salary arrears. It is not a cumbersome procedure and a straightforward one. This will also allow you to file a COS to H4 without any pay stubs and avoid unnecessary expenses and travel.

[shailu2014]

Thanks for the reply Jairichi.