H4-H1B-H4 -confusion in I-94


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I came to USA on H4 visa. And then I applied H1B which got approved and valid from 1st of Oct 2012.

But I did not get any project till now. And now I am planning to go to India and want to come back on H4 visa (have valid H4 stamping and H4 I-94 till Dec 2013).

So my question is that -

1) Do I need to take any document from my employer to go to India?( Ex. H1b documnet or new I -94)

2) If needed then what are the documents?


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I am currently in US. From May 2010 to Sept 30th 2012 I was on H4. Company XYZ applied for my change of status from H4 to H1B and it got approved. Starting from October 1st 2012 I am on H1B. But since the company has no projects, I was not asked to join and hence did not receive any paystubs.

Now they are giving me two options (which I need to select immediately) -

Option 1 - Leave US and go to India which is my home country and reenter with my H4 visa which will expire only on September 2013. If I get any project after I come back on H4, I can go back to India again and stamp my current H1B without any issues.

Option 2 - Apply for Change of Status from H1B to H4. It will take around 2 to 3 months to get it approved. In meantime, if they can get project for me, they will cancel the COS application and I can work for them in H1B. But if COS is approved and then I get a project, I need to re-apply the H1B fresh (but cap exempt H1B – No need to wait till next October 1st).

My questions –

  1. Are there any issues in doing these options without paystubs?
  2. In option 1, should I go for H4 Visa stamping again or can I use the existing stamped H4 Visa that expires only on September 2013.
  3. Incase if COS is denied, can I get back to US by exiting and re-entering using my valid H4 visa?
  4. I was not asked to join the company since there were no projects for me. Because of this I am not in their payrolls. Company is saying that they will be bond to provide pay stubs only after I join the company. Not from the H1B start date. Is this true?

Please note – My spouse is also working for the same company.

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