H1 to H4 change of status - RFE

[rachitsinha]

My wife was on H1B and I-797/I-94 expired on Nov-3-2017. She was on paid maternity leave since Oct-2016, and then unpaid extended maternity leave to take care of the new born since then (All leaves approved by the employer). Her parole processed until Jan-2017. While on loss of pay, she started looking for the project from Aug-2017 with a intend to join back work. Since, she could not find project, on Oct-19-2017 we file change of status for her from H1 to H4. On Nov-8-2017, we got an RFE asking for proof that she maintained her H1 status (latest 3 paystubs).

Also want to specify that her employer is having good portfolio with 15K employees in US and 160K around the world.

 

I have below questions.

 

1. Since she was on loss of pay for around 9 months she don’t have paystubs, employer provided a justification letter for USCIS mentioning that she was on Loss of pay, that’s why the paystubs did not get generated. We have already provided this letter to USCIS in initial filing. SO, is this letter sufficient for USCIS? In RFE what else we can send to support this loss of pay theory?

 

2. In case her H4 is rejected, does she need to travel back to India(home country) for stamping? once rejected does she need to leave US immediately or she will have some time - say 2-3 weeks? (As her I-94 is already expired)

 

[pontevecchio]

1 hour ago, rachitsinha said:

Her parole processed until Jan-2017.

What does this mean?