vspraju Posted August 14, 2013 Report Share Posted August 14, 2013 My wife stayed 6 years on h4 in US , she got h1approved on apr 2013. she could not join in job due to personel reason. So she applied for status adjustment for h4 on jun 2013. Now she got rfe, Submit for 3 months pay stubs. She did not worked after h1 apporal. She waited from apr to jun on h1 and applied for h4 . With out working how she can submit paystubs. Is there any process to respond rfe. Please help me. Link to comment
jairichi Posted August 14, 2013 Report Share Posted August 14, 2013 She was out of status from April to June 2013. Did you mention about this in your application for COS or in a cover letter? If not, now you are bound to answer this RFE. When your application is not straight forward it is better to take the hep of an immigration attorney Link to comment
rahul412 Posted August 14, 2013 Report Share Posted August 14, 2013 My wife stayed 6 years on h4 in US , she got h1approved on apr 2013. she could not join in job due to personel reason. So she applied for status adjustment for h4 on jun 2013. Now she got rfe, Submit for 3 months pay stubs. She did not worked after h1 apporal. She waited from apr to jun on h1 and applied for h4 . With out working how she can submit paystubs. Is there any process to respond rfe. Please help me. In other words, she was out of status. On H1 you need to get paid every month, if she didn't get paid then file a complaint against that FRAUD employer. This is the ONLY option you have, otherwise her COS will be rejected and will face more problems in future. Link to comment
shandan Posted August 14, 2013 Report Share Posted August 14, 2013 I am in a little confusion, when was your wife's H1B applied ? in 2013 or 2012? Coz if it was filed in 2013, it will start Oct 1st 2013, and which is still not here and your wife is still in H4... but if the H1B start date is in April for some reason, then your wife is out of status, and can have issues so please contact a good immigration attorney. Link to comment
jairichi Posted August 14, 2013 Report Share Posted August 14, 2013 In other words, she was out of status. On H1 you need to get paid every month, if she didn't get paid then file a complaint against that FRAUD employer. This is the ONLY option you have, otherwise her COS will be rejected and will face more problems in future. Rahul, OP can not file a complaint as per his admission that his wife could not join in April 2013 after H1B approval due to personal reason. Link to comment
vspraju Posted August 14, 2013 Author Report Share Posted August 14, 2013 Thanks for your responses, Sorry , I donot know what is COS. I did not metioned any thing. What is best option i have. Can i say she is on leave and respond to RFE with out paystubs. Requesting all experts -- please suggest. Link to comment
omshiv Posted August 14, 2013 Report Share Posted August 14, 2013 Thanks for your responses, Sorry , I donot know what is COS. I did not metioned any thing. What is best option i have. Can i say she is on leave and respond to RFE with out paystubs. Requesting all experts -- please suggest. COS - Change of Status. Also do NOT lie with the US Immigration officers. Your wife was OOS - Out of Status. Talk with an Attorney. Link to comment
pontevecchio Posted August 14, 2013 Report Share Posted August 14, 2013 have her leave and come back with the H4 visa and soon. Link to comment
chakrakr Posted August 14, 2013 Report Share Posted August 14, 2013 Rahul, OP can not file a complaint as per his admission that his wife could not join in April 2013 after H1B approval due to personal reason. The question is "what is the personal reason" ? One cannot just say CIS that I did not start working on H1 due to Personal Reasons .. need to provide a valid reason Link to comment
JoeF Posted August 14, 2013 Report Share Posted August 14, 2013 Thanks for your responses, Sorry , I donot know what is COS. I did not metioned any thing. What is best option i have. Can i say she is on leave and respond to RFE with out paystubs. Requesting all experts -- please suggest. NEVER NEVER NEVER lie to them. That will only result in a lifelong ban. On H1, she has to get paid ALL THE TIME. If she didn't join the employer for "personal reasons" (please explain what that is), then she immediately should have changed to H4. If the employer just didn't have a project for her, she still had to get paid. Why do people still think it is ok to not get paid on H1??? Link to comment
jairichi Posted August 14, 2013 Report Share Posted August 14, 2013 The question is "what is the personal reason" ? One cannot just say CIS that I did not start working on H1 due to Personal Reasons .. need to provide a valid reason My point is she can not complain to DOL that she did not join because of personal reasons. Link to comment
rahul412 Posted August 14, 2013 Report Share Posted August 14, 2013 Rahul, OP can not file a complaint as per his admission that his wife could not join in April 2013 after H1B approval due to personal reason. I understand now. So what happens in this case?? whose fault is this?? Obviously he cannot answer the RFE. Link to comment
jairichi Posted August 14, 2013 Report Share Posted August 14, 2013 I understand now. So what happens in this case?? whose fault is this?? Obviously he cannot answer the RFE. My interpretation is it is OP wife's fault as she did not file immediately a COS to H4 when she decided not to join the employer for personal reason Link to comment
pontevecchio Posted August 14, 2013 Report Share Posted August 14, 2013 She can still file a complaint because the employer has to pay her till the H1 is revoked if she actually reported for work. If this is not true she needs to leave and come back on the H4 visa. Hopefully vpsraju has proper stubs etc. to show he is in valid H1 status. Link to comment
ottawa_rocks Posted August 14, 2013 Report Share Posted August 14, 2013 Been there done that...you need advanced help, your email is ? Link to comment
vspraju Posted August 14, 2013 Author Report Share Posted August 14, 2013 H1 got approved on 04/08/2013 , and applied for COS on 06/07/2013 , USCIC recived on 06/17/2013 due to posatal dealy. RFE Received on 08/13/2013. Link to comment
chakrakr Posted August 15, 2013 Report Share Posted August 15, 2013 H1 got approved on 04/08/2013 , and applied for COS on 06/07/2013 , USCIC recived on 06/17/2013 due to posatal dealy. RFE Received on 08/13/2013. You still did not explain what are the "personal reasons" ? The dates won't help . 4/8 to 6/7 need to be explained. However there is another major open question ---- Was the position Cap Exempt ? If not, an H1 approved on 4/8/2013 should have a start date of Oct 1, 2013 and person's obligation to work and get paid starts from that date. Something is not adding up Link to comment
omshiv Posted August 15, 2013 Report Share Posted August 15, 2013 The Personal reason is - the Shady employer was not able to find any projects and also did not pay. Link to comment
rahul412 Posted August 15, 2013 Report Share Posted August 15, 2013 The Personal reason is - the Shady employer was not able to find any projects and also did not pay. If this is true, then how can those petitions get approved. Something is wrong dude... Link to comment
vspraju Posted August 15, 2013 Author Report Share Posted August 15, 2013 H1 applied last year 2012 , COS to H1 on 04/08/2013. Link to comment
vspraju Posted August 15, 2013 Author Report Share Posted August 15, 2013 Hi ottawa_rocks, my email *************** at gmail com -- any help appreciated Link to comment
ge145 Posted August 15, 2013 Report Share Posted August 15, 2013 As complex your case is, please consult an attorney Link to comment
JoeF Posted August 15, 2013 Report Share Posted August 15, 2013 H1 applied last year 2012 , COS to H1 on 04/08/2013. As you have been told, you need to explain 4/8 to 6/7 The rest is irrelevant. So, again, what are the "personal reasons"? Link to comment
ottawa_rocks Posted August 15, 2013 Report Share Posted August 15, 2013 Personal reasons...ummm....well ok...i know it :) Link to comment
Aleti78 Posted August 2, 2014 Report Share Posted August 2, 2014 Been there done that...you need advanced help, your email is ? Sir, me in same situation, wife h1b to h4 pending and prority date current to file I-485. How do we deal with COS to h4 without pay stubs Link to comment
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