Change Of Status - h4 to h1( fresh h1b - Out of Cap)


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Hi All,

I have a valid h1b stamped for an employer but  I never travelled on h1 and maintained the h1 status. However I have travelled to US on h4 and I have h4 extension filed recently. After that my employer has filed the change of status for h4 to h1. When we were filing the petition, I was in h4 status and applied for an extension. So, now for my COS h4 to h1 petition,  I have got an rfe and my employer has requested for the following documents

1. Work schedule for all the petitions filed before  - Never worked for the petitions filed.

2. Work products for my previous h1b status - I was not in h1b status before( Only h4 status)

3. Federal Income Tax - I don't have any as I was only on h4 status

4. W2 -  I don't have any as I was only on h4 status

Since I have not maintained h1b status before, what kind of supporting documents I have provide to tell them that I was only on h4 status and never  on h1b. Also, since  h1b cap and change of status has been filed by the same employer, how do I prove that I have not worked during my h4 period.

Thanks,

 

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  • 1 month later...
On 2/7/2021 at 1:19 AM, logup said:

Hi All,

I have a valid h1b stamped for an employer but  I never travelled on h1 and maintained the h1 status. However I have travelled to US on h4 and I have h4 extension filed recently. After that my employer has filed the change of status for h4 to h1. When we were filing the petition, I was in h4 status and applied for an extension. So, now for my COS h4 to h1 petition,  I have got an rfe and my employer has requested for the following documents

1. Work schedule for all the petitions filed before  - Never worked for the petitions filed.

2. Work products for my previous h1b status - I was not in h1b status before( Only h4 status)

3. Federal Income Tax - I don't have any as I was only on h4 status

4. W2 -  I don't have any as I was only on h4 status

Since I have not maintained h1b status before, what kind of supporting documents I have provide to tell them that I was only on h4 status and never  on h1b. Also, since  h1b cap and change of status has been filed by the same employer, how do I prove that I have not worked during my h4 period.

Thanks,

 

Has this situation been resolved?  

A person cannot work on H4 status, and so far you have maintained your H4 status, therefore this employer obviously looks like your FIRST employer.  When this employer has filed for your change of status application (from H4 to h1) with USCIS, the form has a category on page 2, Part 2 which has a multiple choice, and your employer must have chosen the choice, "New Employment".  And when it is new employment, you obviously have no previous employment history.  Not sure from where this type of RFE showed up.

 

Edited by Zodiac System
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