h1 to h4 but out of status for sometime on h1

[member204]

Hi

I got h1 in 2010 but started working in 2011, so was out of status for about 8 months. Worked till date. now wants to convert to h4.

What is the best way

1) go to india and get h4 stamped over there

2) apply from US for h1 to h4 COS

"out of status" period will be questioned when i will go for h4 stamping? how will that affect filing for I-485 with my husband?

Please reply.

Thanks

[JoeF]

Why did you not work?

If you were benched without pay, file a WH4 with DOL if the employer doesn't want to pay you for this time.

On H1, you have to get paid all the time, even on bench. And the employer knows it.

[member204]

thanks for the reply,

I was on medical leave