H1B to H4 transfer No paystubs.

[some_user]

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.

Are there any chances to get a H4 when applied from my home country? Would they ask for paystubs?

Thanks in advance

[Attorney_10]

Generally, an individual is only eligible for a change of status within the U.S. if s/he has been maintaining their current status. H1B holders generally need to be working and getting paid by their H1B employer in order to be considered maintaining status. If an individual is not eligible to change status in the U.S. travelling abroad may be required and applying for a new visa at the U.S. consulate in the home country. Please schedule a consultaiton with an experienced immigration attorney to discuss the specific facts relating to your case, the benefits and risks of travelling abroad and applying for a new visa.