H4-H1-H4 (COS+travel out of US)

[nishant2808]

Hi,

My wife came to US in Mar 2015 with H4 stamped until Dec 2017. We applied for her H1 in Apr 2015. Due to delays and RFE, her H1B approval came in July 2016 and we received the I797 by end of July 2016. We received the first paystub for Sep 2016 and the next is due in Dec 2016. She is not on any project and we are thinking of moving her to H4 using I 539. So I have a few questions - 

1. Will I need all paystubs till date for COS through I539? She is planning to resign in this month itself before the next payroll. 

2. Can she travel to India and come back on H4 as it is already stamped on her passport till Dec 2017? Her H1 is not stamped.

3. Should she file COS to H4 and then travel and or can she travel without COS as well. We are thinking of travelling in this month itself. 

4. If she travels does she need to stamp H4 again at the consulate? 

5. Will there be any issue at Port of Entry?

Thanks.

[pontevecchio]

1. SHE will need to show valid status which usually means stubs. Why is she not getting paid appropriately?

2. Yes.

3. No need to file COS.

4. She already has a valid visa which she can use.

5. ???

[nishant2808]

1. The payroll is being run quarterly. So the next will be in December. But the change in status might happen before the next payroll. Hence the question regarding paystubs.

2. Thanks

3. Thanks

4. Thanks

5. POE - Considering her changes in status (H4-H1-H4) will there be any issue at POE? Will we need to H1 documents/Paystubs etc. at POE?

Considering her resignation before next payroll, is it advisable to use I539 to get to H4 or is it advisable to travel and come back on H4? Please note that we do plan to get her back on H1 later. 

[pontevecchio]

Quarterly payrolls do not seem kosher. Please have her stay away from DCC'S. To come back she will need your H1 petition approval. H4 is not a petition. It is a status. So filing I-539 is a waste of your money.

[nishant2808]

Ok. We have finalized our travel to India. She will be resigning in a day or two. I have the below questions - 

1. When we come back will she face any issue at Port of Entry? Will she need any H1 documents at port of entry?

2, Can she come back on H1 later? Will the absence of paystubs cause any issue then?