justpriyaa Posted May 25, 2011 Report Share Posted May 25, 2011 Hi friends, I got my H1B approved a year ago and had to travel to India for a prolonged treatment immediately after h1 approval, genuinely! Now that I am done with it, i want to return to US in a month and due to some bed rest restrictions for atleast 6 months, I wont be able to work. Strange but true and unfortunate. My question is if I convert back to H4 and enter US on H4, without a single pay stub, can i convert back to H1 after my bed rest restriction period? Wont pay stub be an issue later knowing the fact that i was almost out of US for the entire period that i had H1B? Link to comment
kewl_guy Posted May 27, 2011 Report Share Posted May 27, 2011 Your H1B counts only for the period you are in USA. You can always carry a medical certificate because employers and visa officers can raise that question. Link to comment
pontevecchio Posted May 27, 2011 Report Share Posted May 27, 2011 My question is if I convert back to H4 and enter US on H4, without a single pay stub, can i convert back to H1 after my bed rest restriction period? YES Wont pay stub be an issue NO Link to comment
justpriyaa Posted May 30, 2011 Author Report Share Posted May 30, 2011 Thank u for your replies. So, when after 6 months bed rest, I wish to convert back to H1B, will it be H1 transfer process without pay stub? If they ask about pay stub, what should I do? Link to comment
Desi Dude Posted May 31, 2011 Report Share Posted May 31, 2011 It seems you are not getting paid while in India for 6+ months. If you are on H1B, you must be paid. What you are doing is illegal. You will have problems in transferring H1B as you won't have any paystubs. Link to comment
pontevecchio Posted May 31, 2011 Report Share Posted May 31, 2011 H1 status only counts in the USA. Once you are out you do not need to be paid. Ignore the previous post. The firm seems to be abdicating their responsibility to make sure obviously wrong answers are not corrected. You will need a H1 sponsor to file a H1 petition for you with COS. In this case you can start work on approval. Please feel free to spend a couple of hundred dollars on a Good Lawyer to sort out your doubts as you have realized anyone can post an answer in a forum. You are fine and should be able to do what you propose. Link to comment
Desi Dude Posted June 1, 2011 Report Share Posted June 1, 2011 Pontevicchio is right. Slight oversight on my part. What I said is applicable only when you are in US. Link to comment
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