H1B but never worked and was in India


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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?

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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.

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