H1B to H4

[prashanthm27]

Hello,

 

My wife came to USA on Sep 2013 on H4 Visa. Her H4 Visa is valid through July 2016. Butthe Consular officer on Port of Entry gave I-94 Valid till APR 2015 as her passport is expiring which makes sense. Now she renewed her passport. And also in the meantime last Year, she got her H1B in 2014 and her new I-94 Date is DEC 2015. So her current status is H1B with I-94 date as DEC 2015.

 

My Question is

 

1) On H1b she is not in a project yet. So say like she wants to deactivate her H1B and want to come back to H4. I am guessing she has to do COS to come back to H4. In that case does she need to provide Payslips ?

 

2) If yes on Payslips for above question, She is not having payslips yet as she is still looking for project. In that Case What is the alternative? Can she just go back to india and Come back on H4 Visa.

 

Please assist.

[rahul412]

How did that employer filed an H1 without a job?? With fake project??

Its looks like she is not getting paid because her employer is FRAUD. File a complaint against that employer for not paying the salary and with that complaint either go for new employer or COS to H4.

[jairichi]

1. She is out of status from Oct 1st 2014. She cannot apply for COS to H4 as it will be denied without pay stubs. She needs to file a complaint against employer with DOL. This will get her salary dues and also to move to H4.

2. Refer 1. Yes, she can exit and enter visa with a valid H4 visa and a copy of your I797.

[prashanthm27]

Thank you for the comments. 

 

@Jairichi,

 

She is not Out of status yet as her employer has applied some personal leave of absence for some time. I will look at the possibilities to file a complaint in case in future.

 

If i am correct, Say worst case her Employer Cancels/Deactivate her H1b after some time and she doesnt have paystubs, then She can still just go back to india and come back on H-4 with Valid H-4 Visa & a copy of my I-797 correct ?

 

Please assist

[JoeF]

Hello,

 

My wife came to USA on Sep 2013 on H4 Visa. Her H4 Visa is valid through July 2016. Butthe Consular officer on Port of Entry gave I-94 Valid till APR 2015 as her passport is expiring which makes sense. Now she renewed her passport. And also in the meantime last Year, she got her H1B in 2014 and her new I-94 Date is DEC 2015. So her current status is H1B with I-94 date as DEC 2015.

 

My Question is

 

1) On H1b she is not in a project yet. So say like she wants to deactivate her H1B and want to come back to H4. I am guessing she has to do COS to come back to H4. In that case does she need to provide Payslips ?

 

2) If yes on Payslips for above question, She is not having payslips yet as she is still looking for project. In that Case What is the alternative? Can she just go back to india and Come back on H4 Visa.

 

Please assist.

 

She needs to get paid, even on bench without a project. THat's the law, and the employer knows it.

Without pay, she is out of status.

She needs to file a complaint with DOL on form WH4 to get her back pay and to be able to file a COS to H4.

[rahul412]

 

She is not Out of status yet as her employer has applied some personal leave of absence for some time. I will look at the possibilities to file a complaint in case in future.

 

If i am correct, Say worst case her Employer Cancels/Deactivate her H1b after some time and she doesnt have paystubs, then She can still just go back to india and come back on H-4 with Valid H-4 Visa & a copy of my I-797 correct ?

 

Please assist

There is nothing called personal leave of absence on H1. Moreover leave has to applied by the employee not by employer.

You didn't answered my question and now its crystal clear that he is a FRAUDSTER. On H1 you need to get paid every month. That's LAW.

 

So file a complaint against that employer before you get into deep trouble. She can come back on H4 but she will be in trouble if she applies for H1 in future bcos of her out of status.

[JoeF]

Thank you for the comments. 

 

@Jairichi,

 

She is not Out of status yet as her employer has applied some personal leave of absence for some time. I will look at the possibilities to file a complaint in case in future.

 

If i am correct, Say worst case her Employer Cancels/Deactivate her H1b after some time and she doesnt have paystubs, then She can still just go back to india and come back on H-4 with Valid H-4 Visa & a copy of my I-797 correct ?

 

Please assist

 

She IS out of status. The employer can not force her to go on leave. That's illegal.

She needs to file a WH4!

[ashuneel]

She needs to get paid, even on bench without a project. THat's the law, and the employer knows it.

Without pay, she is out of status.

She needs to file a complaint with DOL on form WH4 to get her back pay and to be able to file a COS to H4.

 

There is nothing called personal leave of absence on H1. Moreover leave has to applied by the employee not by employer.

You didn't answered my question and now its crystal clear that he is a FRAUDSTER. On H1 you need to get paid every month. That's LAW.

 

So file a complaint against that employer before you get into deep trouble. She can come back on H4 but she will be in trouble if she applies for H1 in future bcos of her out of status.

I think OP knows that his wife's employer has violated the law. Some people will do anything to get H-1B and a chance at earning money. HE  is playing with his wife's immigration status for personal gains. No need to waste time on such people.

[rahul412]

I think OP knows that his wife's employer has violated the law. Some people will do anything to get H-1B and a chance at earning money. HE  is playing with his wife's immigration status for personal gains. No need to waste time on such people.

No, OP still has an option to be on safe side. All he has to do is just file a complaint against that employer.

[prashanthm27]

Thank you all for youe valuable comments again.

 

@rahul412,

 

Do you know how do I file WH4. I searched on google but not getting any correct procedures. Can you please refer me any threads here which you might know for instructions on how to file WH4.

[JoeF]

Thank you all for youe valuable comments again.

 

@rahul412,

 

Do you know how do I file WH4. I searched on google but not getting any correct procedures. Can you please refer me any threads here which you might know for instructions on how to file WH4.

 

I have no idea what you searched for, but it took me 5 seconds:

http://www.dol.gov/whd/forms/fts_wh4.htm

[ashuneel]

The information provided on form WH4 will assist the Department of Labor in determining whether the named employer of H-1B nonimmigrants has committed a violation of provisions of the H-1B program. A person can fill out this form to report alleged H-1B violations by an employer. The form must be forwarded to the Wage and Hour Division (WHD) office which has jurisdiction over the physical location of the employer.

See link below

http://www.dol.gov/whd/forms/wh-4.pdf

[rahul412]

Thank you all for youe valuable comments again.

 

@rahul412,

 

Do you know how do I file WH4. I searched on google but not getting any correct procedures. Can you please refer me any threads here which you might know for instructions on how to file WH4.

It's a simple form, just fill the details and send it to DOL. They will contact you once they receive your form.

 

http://www.dol.gov/whd/forms/fts_wh4.htm