H4 to H1 Process

[yknev]

Hello,

I got New H1B this year Jan-19 and don't have any project so would like to move from H1 to H4.

And i have following queries while applying COS from H4 to H1

-> Is it possible to apply H1B transfer to employer B once i get new project when i am on H4?

-> In case if employer B withdraw my H1B petition, Is it possible to apply transfer to employer B when i am on H4?

Regards,

Yknev

 

 

[JoeF]

Are you getting paid? On H1, you have to get paid all the time, even on bench without a project.

The employer is required by law to inform USCIS if you no longer work there. So the H1 will get revoked. That's irrelevant for you, since a new employer can file a new petition for you at any time.

[yknev]

3 hours ago, JoeF said:

Are you getting paid? On H1, you have to get paid all the time, even on bench without a project.

The employer is required by law to inform USCIS if you no longer work there. So the H1 will get revoked. That's irrelevant for you, since a new employer can file a new petition for you at any time.

Hello,

Thanks for your reply.

He didn't pay anything and terminated my employment after 100 days  and he told that, these 100 days as unpaid leaves. Now i am applying COS from H1 to H4. Whether USCIS will ask any pay stubs when i applying COS from H1 to H4.

Regards,

yknev

 

[JoeF]

File a complaint with DOL on form WH4. There is no such thing as unpaid leave on H1.

You need the WH4 to be able to change status.

 

Edited May 9, 2019 by JoeF

[pontevecchio]

Did you not know or understand that once you reported for work, he had to pay you as per the law until he legally terminated you.?. You cannot change status without being in status. What is the major issue preventing you from filing a complaint? It is your obligation to report such crooks since they are the cause of the whole H1 morass. Complain even if you paid him money to sponsor you.

[shekar11#]

13 hours ago, yknev said:

Hello,

Thanks for your reply.

He didn't pay anything and terminated my employment after 100 days  and he told that, these 100 days as unpaid leaves. Now i am applying COS from H1 to H4. Whether USCIS will ask any pay stubs when i applying COS from H1 to H4.

Regards,

yknev

 

Thats risky stuff. USCIS might issue an RFE asking for pay stubs to make sure you were in legal status. while on H-1.

[yknev]

On ‎5‎/‎9‎/‎2019 at 1:01 PM, shekar11# said:

Thats risky stuff. USCIS might issue an RFE asking for pay stubs to make sure you were in legal status. while on H-1.

Hello,

I have valid H4 visa till Aug-2019 so would like to go home country but I have following queries

-> Do I need to go for H4 visa stamping?

-> If not, is there any issue at POE?

-> Any issue due to short expiry date of H4 visa?

Regards,

Yknev

 

 

 

[shekar11#]

On 5/11/2019 at 12:49 AM, yknev said:

Hello,

I have valid H4 visa till Aug-2019 so would like to go home country but I have following queries

-> Do I need to go for H4 visa stamping?

-> If not, is there any issue at POE?

-> Any issue due to short expiry date of H4 visa?

Regards,

Yknev

 

 

 

1. Not needed if you have a valid visa stamp.

2. No issue. Just show your H-4 visa stamp and your spouse latest I-797 and supporting docs (marriage cert main)

3. No issue.

[yknev]

Hello,

Thanks for your reply.

My current employer is terminated me without pay stubs so i am planning to leave country and will back on H4 visa due to valid visa stamping till AUG-19. I have job offer so employer B ready to apply H1B transfer without pay stubs and employer C also ready to apply H1B transfer but he is asking me to leave country and once i back on H4 visa. He will initiate my H1B transfer along with cos from H4 to H1 without pay stubs. 

 What is the best way 

 

 

 

[JoeF]

3 hours ago, yknev said:

Hello,

Thanks for your reply.

My current employer is terminated me without pay stubs so i am planning to leave country and will back on H4 visa due to valid visa stamping till AUG-19. I have job offer so employer B ready to apply H1B transfer without pay stubs and employer C also ready to apply H1B transfer but he is asking me to leave country and once i back on H4 visa. He will initiate my H1B transfer along with cos from H4 to H1 without pay stubs. 

 What is the best way 

 

 

 

File a complaint with DOL on form WH4.