H1B to H4 No Paystubs


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Dear Sir/Madam,

I am on H1B and it is valid till Sep 2011. I was not on work for past couple years for some reasons. I had filed for H4 on April 2011 and have received an RFE from USCIS for 3 paystubs which I do not have.

I had planned to go to my home country to get H4 from there if that would work.

Are there any chances to get a H4 when applied from my home country(India, Mumbai Consulate)? Would they ask for paystubs?

I am one month pregnant now. And would prefer to live with my husband. If H4 from Mumbai Consulate wont work, is there any other options available?

Thanks in advance

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H1B by definition mandates that you work AND get paid to be in status as per the US laws.

USCIS always makes sure that the beneficiary asking for change of status(COS) or extension of stay is fulfilling H1B requirements by asking for paystubs.

So technically yes you have been out of status for the time you were in US on H1B visa and did not got paid. You might want to explore the following options:-

1. On H1B visa you are responsibility of your employer who petitioned your H1B. If you believe he let you go without arranging or advising you to leave the country or get your status changed(COS) immediately you can file a complaint against the company with DOL using WH4. Employer will have to pay you for your H1B time till the time he revoked it and informed you.

2. If employer did informed you and you did not changed your status then 2 years is plenty and is potential trouble for your future stampings and GC process. Leave the country immediately. After 3-4 months apply for H4. But embassy might again ask for previous paystubs to make sure you were in status in US. But it is better to take that chance rather than accumulating more out of status stay period.

I am sorry I can't be more positive but two years is a lot of time. You should consult a good immigration attorney immediately to sort out your options.

Good Luck,


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