H1 to H4 transfer Help....Need Urgent Advice

[jcap1]

Hello All,

My background, I am on H1B, this is my 6th yr. on H1B. I am with a desi consultant. I continously worked without any breaks or benchperiods until last Feb. i.e. 2012.

Last yr. I had to take a brk after Feb. since i was 5 months pregnant & wasn't keeping well. Also, my husband (he is also on H1B) was living in a different town, so I had to quit the project and move with him. Unfortunately there r no IT jobs were my husband lives. I delivered a baby in June '12 and after that I went through a very rough phase. I suffered from postpartum depression for quite sometime. All these time I was on H1b (my fault), coz I thought as soon as I get better I will start working, I am a bit workoholic personality. My husband was pushing me to convert to H4 but I didn't listen to him coz i was afraid that if once i go on H4 I wont go back on H1 ever again.

During this time my employer asked me to provide him a letter from my psychaitrist about my depression condition, so that in case if there is any inquiry from labor dpt. then they can present that letter. Also, my employer is not running my payroll coz he has shown in his records that i am on extended maternity leave without pay. Just fyi, my H1 extension is due in Nov. 2013

Sorry for this long story, I just want to properly explain my situation in regards to why I wasn't working all these time. Now I want to work but as mentioned above its impossible to find jobs where I currently live. If I takeup a prjt., I'll have to move away from my husband with my baby which seems quite tough with the baby since i do not have any family or relatives in the US.

Now the situtation is, Its almost one yr. I am on H1 and I am not working,

- Is it possible for me to go on H4 showing that I am still suffering from depression?

- As mentioned, I do not have recent pay stubs, all i have is the Doc's letter, will that suffice?

-Also, i have filed for my GC and I-140 is not approved yet, in case i decide to go on H4 should I get it approved through premium prossec before i go on H4?

- My employer said that they will keep my GC file open, is that possible? Me being on H4 can they keep my file open? If yes what r my chances of getting the GC since i will be on H4?

Any advice, help is highly appreciated. I am really really confused rt .nw and badly looking for a vice advice.

Thanks in advance!

[pontevecchio]

Please help yourself and discuss the matter with the firm of Murthy or any of your choice. The matter can be resolved . You should read up about the H1 program.

[wiweq]

"All these time I was on H1b (my fault), coz I thought as soon as I get better I will start working,"

=> You should have acted proactively and submitted the doctor’s letter to your employer before going on maternity leave. Then your employer should have approved your maternity leave. Because you didn't do this, you may be considered out of status. Better to consult an attorney, and fix the issue as soon as possible.

Second, sometimes you have to choose one from family or ambitions.

[jcap1]

Thnx all for your reply.