H4-H1(Out of status)-H4-want to go back to H1B!! Please reply!!!


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Here is my case.:

-- I was on H4.

-- Got H1B in Oct. 2008.

-- Was on a bench (didnt have any pay stubs,employer didnt pay me.)

-- Changed my status back to H4 in April 2009.

-- Now i got an offer as a agency employee for fortune 500 company and they already filled COS H4-H1 and H1B transfer for me.

Now my questions are -

1. What are the chances of getting RFE regarding pay stubs?

2. What should i do, since i dont have any pay stubs for that 6 months when i was on bench?

3. Can i ask my employer to pay me now for the period when i was on bench? Its been more than 2 years now.

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Thanks pontevecchio for your reply.

1. Unlikely. They may need your spouses pay stubs.

-- I have already provided my spouses pay stubs.

2. Nothing much you can do.

3. Good luck with that. Just move on.

-- I have good relations with my previous employer. Can he pay me for that 6 months now? what about taxes in that case?

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Thanks pontevecchio for your reply.

USCIS updated my case status on there site and the message is:


Post Decision Activity

On April 4, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-***-****.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.


What is this mean? Did i get my COS and H1B transfer approved?

[This message was edited by Admin on April 05, 2011 at 10:16 AM.]

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  • 2 weeks later...

Hi Kash,

I am also in the same boat as you.But good that you got approval.I too dont have pay stubs for first 7 months.So your case gives me some hope that I too can get my H1 back.

Can you send me more details like what all documenst you submitted for COS from H4 to H1.

Thanks a ton ,


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  • 3 weeks later...


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