Transfer from h1 to H4, as employer is not paying

[pshilpareddy]

Hi,

I have H4 visa stamping. After entering USA, I applied for H1 and got approved it. I have a H1 but I don't have job from last 4 months. I din't get paid during this period.

Now I decided not to work anymore.

Can I transfer to H4 now..?

[rahul412]

Hi,

I have H4 visa stamping. After entering USA, I applied for H1 and got approved it. I have a H1 but I don't have job from last 4 months. I din't get paid during this period.

Now I decided not to work anymore.

Can I transfer to H4 now..?

Before transferring I would say file a complain against your employer so that you won't face any trouble in future.

On H1 you need to get paid every month, since you didn't got paid you are out of status according to rules. But you have to file a complaint in order to show your innocence.

[JoeF]

You are out of status. That means that you can't file a COS to H4 because you don't have a status.

File a complaint about the employer with DOL on form WH4. That will help you when filing a COS to H4. The DOL will also make the employer pay you.

[rangadu]

When you apply Change of Status to H4, you have to provide documentation showing you have maintained your H1 status for past 4 months, that means you have to show paystubs, which you don't have. So you can't just change your status.