COS H4 to H1

[srikanthu37]

Hello,

 

At present i am in us on H4 based on spouse H1 petition. My H4 is valid until oct 31. My wife recently change employment (full time employer) starting Sep 1 and her H1 is still pending for approval. in the mean time my employer filed my H1 as COS (h4-h1) based on my current h1 petition and my latest pay stub which is for the month of August. Is there any possibility of RFE on the legality of my H4 status? in case of RFE is it ok if is submit the latest pay stub from new employer in case of RFE or do we need the approval from new employer?

 

Thanks for the help. 

[rahul412]

 

 in case of RFE is it ok if is submit the latest pay stub from new employer in case of RFE or do we need the approval from new employer?

I am confused here, who is this new employer here??

[jairichi]

When you are on H4 how did you manage to have pay stub for August? Or you meant your spouse's August pay stub. If it is the latter then you are fine.

[kattu786]

Hello,

 

At present i am in us on H4 based on spouse H1 petition. My H4 is valid until oct 31. My wife recently change employment (full time employer) starting Sep 1 and her H1 is still pending for approval. in the mean time my employer filed my H1 as COS (h4-h1) based on my current h1 petition and my latest pay stub which is for the month of August. Is there any possibility of RFE on the legality of my H4 status? in case of RFE is it ok if is submit the latest pay stub from new employer in case of RFE or do we need the approval from new employer?

 

Thanks for the help. 

your pay stub ? In case of H4-H1 COS , you can not work until H1 is approved and paystubs are not required from beneficiary.

[srikanthu37]

@jairachi - the paystub for Augusts belongs to my spouse. I am not working as i am on H4 right now.

 

@rahul412 - Sorry i should correct the post above. When i say my pay stub actually its not mine and its my suppose pay stub and the new employer i am referring here is my spouse new employer. below is the updated version.

 

in the mean time my employer filed my H1 as COS (h4-h1) based on my spouse current h1 petition and latest pay stub which is for the month of August.

 

​Thanks for the help

[rahul412]

If you are not working then you won't need any pay stubs. Your wife pay stubs are not required for your H1 processing.