Need Help. H4 to H1 and Vice Versa!

[Rachana.H]

Hello Everyone,

 

Please advice. 

I came to USA on H4 visa in Jan'2013.I had applied for H1B visa through a consultancy and it got approved. But now I am unable to find projects and I do not have pay slips.
I have the below queries.

1.    How can I change my status back to H4.

1.1  Do I need to travel back? If yes, What is the best option, travel India/Canada?.

1.2  Any letter I can submit to USCIS requesting for cos?

2. Do I need to file tax for 2013? 

3.    For my husband, in his W2, can he show me as dependent or not?
3.1. If he can mention me as dependent can he use my SSN or I need to have a ITIN.

Thank you in advance. 

[pontevecchio]

As regards the Immigration aspect you should talk to a Lawyer and also consider filing a complaint with the DOL and claim back pay. As regards the tax issue talk to a tax consultant.

[jairichi]

Hello Everyone,

 

Please advice. 

I came to USA on H4 visa in Jan'2013.I had applied for H1B visa through a consultancy and it got approved. But now I am unable to find projects and I do not have pay slips.

I have the below queries.

1.    How can I change my status back to H4.

1.1  Do I need to travel back? If yes, What is the best option, travel India/Canada?.

1.2  Any letter I can submit to USCIS requesting for cos?

2. Do I need to file tax for 2013? 

3.    For my husband, in his W2, can he show me as dependent or not?

3.1. If he can mention me as dependent can he use my SSN or I need to have a ITIN.

Thank you in advance. 

When was your H1B approved? If it was approved on Oct 2013 then you are currently out of status.

1. Exit and enter US with a valid H4 visa.

1.1. If you have a valid H4 visa just cross the border and re-enter.

1.2. You cannot file COS with USCIS as you are out of status at the time of COS application filing.

2. Yes.

3. No, as you were on H1B he cannot add you as dependent.

 

It is duty of your employer to find a project and pay you even when you are on bench. Better file a complaint with DOL about your employer for not paying your salary.This will help you to get your salary and will also help you to apply for COS to H4 or move to another H1B employer without the need to exit and re-enter US.

[rahul412]

I came to USA on H4 visa in Jan'2013.I had applied for H1B visa through a consultancy and it got approved. But now I am unable to find projects and I do not have pay slips.

I have the below queries.

1.    How can I change my status back to H4.

1.1  Do I need to travel back? If yes, What is the best option, travel India/Canada?.

1.2  Any letter I can submit to USCIS requesting for cos?

2. Do I need to file tax for 2013? 

3.    For my husband, in his W2, can he show me as dependent or not?

3.1. If he can mention me as dependent can he use my SSN or I need to have a ITIN.

Thank you in advance. 

1. You need latest paystubs for that.

1.1. India

1.2  No letters req

2. If you are on H1 ,then you need to

3. No he can't bcos you are on H1 that means you are currently working

3.1. SSN or ITIN is unique for each person. A person CANNOT use another person's SSN or ITIN.

 

Currently you are out of status for not getting paid on H1. Your FRAUD employer has to pay you when you are on H1.

File a complaint against your employer and with that complaint you can file for COS. That's the ONLY option you have.

[Attorney_25]

It is true that the H-1B must either pay you or terminate you and notify USCIS, which will then move to revoke the H-1B petition. If the employer has not terminated you, provided you with a payment to cover the cost of travel to your home country, AND notified USCIS, then DOL will help you receive payment of back wages.

 

You would only pay taxes on salary received.

 

Spouses normally claim each other on W-4s, even when both are working. The W-4 form is specific that spouse and dependent are separate items. See http://www.irs.gov/pub/irs-pdf/fw4.pdf. (W-2 is not the correct form for this discussion.) In any case, if too little money is withheld from your spouse's pay, he will need to make up for that in payment of taxes at the time you file your tax return. When you have an SSN, it should be used on IRS forms. Please consult with a CPA or tax attorney for more information.

 

Please consult with a qualified immigration attorney for more information on your rights and liabilities, and solutions to yor status issue.

[Rachana.H]

Thank you all for the advice.

[sukanyaroy10]

Hi,

 

I came to US in H4 and I applied H1 last year. I got my H1 in Oct. H1-B is effective from 1^st October 2013

During my H1 processing, my husband’s employer also filed his H1 extension along with my H4.

 

Now I again got my H4 approved petition, which was effective from 21^st OCTOBER 2013.

 

Issue is 

1. I got the call from SSN office stating that INS reverted that my Visa status is 'H4' so ssn is not provided. The person who spoke to me advised that, I need to contact INS in order to cancel my H4 visa.

2. I am not sure the process of canceling H4 visa

3. If I cancel H4, then what will be my status? Whether it will be H1 or I will be out of status.

4. What is the process of activate my H1b as my latest status.

 

Though I've my valid H1, my H4 extension caused the conflict.

 How do I contact INS/Immigration, to change my status?

 

Thanks

RDutta

[jairichi]

Hi,

 

I came to US in H4 and I applied H1 last year. I got my H1 in Oct. H1-B is effective from 1^st October 2013

During my H1 processing, my husband’s employer also filed his H1 extension along with my H4.

 

Now I again got my H4 approved petition, which was effective from 21^st OCTOBER 2013.

 

Issue is 

1. I got the call from SSN office stating that INS reverted that my Visa status is 'H4' so ssn is not provided. The person who spoke to me advised that, I need to contact INS in order to cancel my H4 visa.

2. I am not sure the process of canceling H4 visa

3. If I cancel H4, then what will be my status? Whether it will be H1 or I will be out of status.

4. What is the process of activate my H1b as my latest status.

 

Though I've my valid H1, my H4 extension caused the conflict.

 How do I contact INS/Immigration, to change my status?

 

Thanks

RDutta

If you are still working you need to stop as it is considered as unauthorized employment. Either employer files a COS from H4 to H1B and pay H1B fees again or you exit and enter US with a valid H1B visa and I797.