H1 to H4 - Change of Status and no Pay Stubs


seeri

Recommended Posts

Hi,

Can anyone please help me on below status change:

I am on H4 and I had a valid visa till Sep,2015.My H1b got approved Oct,2013 and I am on H1 status from Oct,2013 to till now(i.e Mar,2015). My employer could not find any project and did not go into payroll. I am planning to change my status from H1 to H4.

My Questions are :

 

1)What is the best way to change my status from h1 to h4 without pay stubs. I would like to get my change of status in US if possible. I am planning to apply for my (change of status+extension) along with my husband H1 extension in premium.

2)Is it common to get RFE asking for paystubs as there is no need to submit at the time of applying for change of status from H1 to H4 in US using I539.

3)If there is a RFE for paystubs or something else I can withdraw my petition right? Can I then go back to home country and get my H4 stamped. Will this RFE impact me in future during green card processing etc.

4) I go through so many blogs saying going out of country and getting stamped on H4 is the best way...if I do this, is there any change to ask about my H1b visa and paystubs during stamping or port of entry.

5) If I decide to go to home country for stamping, in DS160 form for the question, "were you previously employed". Should I say yes or no ?

 

Please suggest me in this regard soon.

Thank you

 

Link to comment

I posted the same answer on another forum:

"You are out of status, i.e., illegal, since Oct. 2013.

Why in the world are you asking about this only now???

On H1, you have to get paid ALL THE TIME, even on bench without a project. That's the law!

Immediately file a complaint with DOL on form WH4!

Without a WH4, you can't file any COS!"

Link to comment

You stayed on H1B status from Oct 1st 2013 till date with no project? Don't you think that is strange? Don't you know about US immigration laws.

You are out of status from Oct 1st 2013. You need to file a complaint with DOL against employer. This will get all your salary from Oct 1st 2013 till date from employer and will help you to move to H4 without the need for pay stubs.

1. No pay stubs = no COS to H4.

2. Yes, it is mandatory.

3. Without a complaint against employer you are in trouble.

4. You are fine to do that as pay stubs are not required if you take this option.

5. Your answer is YES.

Link to comment

Currently, you are out of status. You need to file a complaint against that FRAUD employer, that's the ONLY option you have.

You might get your H4 from the consulate but still you will be in trouble for not filing a complaint.

 

BTW how did your employer filed your H1 without a job??Isn't that a FRAUD??

Link to comment

Same for me. What you did?. How to file DOL on WH4?. Will it affect my future employment or GC process?.

After complaint, what will happen?. Will I get my pay stub?. How it's possible?. How to COS after complaint filed?.

Google search DOL and WH4. Filing a complaint with be the best solution as an officer will be assigned to investigate your case. You will receive all your salary dues when you were on H1B and will also help you to move to a new employer or a COS.

Link to comment

Archived

This topic is now archived and is closed to further replies.