H1-H4 RFE

[deika]

Hi all,

My wife entered US on H4 in 2009 and applied for COS H4-H1 in may 2010 and got approved in July 2010.But she could not find projects until November and later she became pregnant So applied for COS h1-h4 again in december.Now she has got RFE for 3 months paystubs.

I need suggestions in this plz.

1.Is there any possibilty to withdraw the COS and go back to india and re-enter in new H4.If she comes back in H4. can we apply for COS again from h4-h1.

2.If the above doesnt work can I withdraw the COS and continue in H1? Will there be any problem in Green card processing?

3.can I produce a letter saying she was on vacation instead of paystubs?

[pontevecchio]

Talk to a Lawyer and then have her come back on the H4 visa if the Lawyer is OK.

1. It may be possible to come back based on a H4 visa depending on what the Lawyer suggests. What makes you think she will not be in the same position again? In case of a genuine job offer the new company can file a H1 petition with COS from H4.

2. What has this got to do with you?

3. No.