H1B to H4 RFE - paystub

[Pavan88]

RFE requested to provide H1B pay stubs of applicant until May 15 2018, but the last pay stub had a pay period ending on May 13 2018. Will USCIS consider applicant as out of status for the two days? (May 13 to May 15 2018)? What are the chances of approval and odds of denial?

[satya2k1]

Don't worry, You are good to go.

[JoeF]

If you filed the COS to H4 less than 60 days after the H1 layoff/resignation you are fine. There is a 60 day grace period during which you are legal.

 

[DivB]

Hello, I'm in a similar situation,  I have to goto India and File  H4 COS since I got laid off almost 5 months back and have paystubs only 5 months ago. Will I have any issues in converting from H1b to H4 since I'm not overstaying my layoff time by 180 days. 

[satya2k1]

This 180 days is not clear to me.  I think if you don't overstay more than 180 days then you will not get a entry ban. I may be wrong.   I know that one will have 60 days grace period when they loose the job to clear things up and go back to home country.

Are you planning to apply for H4 COS or H4 visa stamping?  In your case, it is more than 5 months, so it maybe a problem.  I suggest you go for H4 visa stamping in India with your spouse's H1 approval and it will be a less headache.

[DivB]

Thanks you sir. I'm planning to goto India since I cannot Change status here in US.  180 days from date of layoff is what my attorney said should not be a cause for concern, 

Since its beyond the 60 day grace time, CoS in US is not an option for me. HOwever, I'm just concerned if my H4 stamping in India with my spouse's H1 could be a problem for me.

[satya2k1]

If you go for H4 stamping with your spouse, then you should be Ok.