H1B to H4 to H1B [URGENT]

[nazeem.khan]

Hello All,

 

   First of all, I must congratulate all the members who are actively posting the responses to the threads. You guys are doing awesome job.

 

I have a question regarding my wife's change of status:

 

I applied new H1B (COS from H4) for my, during April 2013 and she got selected from the lottery. Later she got approved H1B and it is valid until 2016.

 

Before the start (approved) date, her employer mentioned to her that the current project is abandoned and he can find her other job. Since he mentioned that he will not run the payroll, we chose to do change of status to H4 in November 2013 and got approved in Feb 2014.

 

Now, there is a job offer for her to join the client in 2 weeks. The new employer asking for pay stubs for change of status. which she didn't got it from her employer (as it was just 1 weeks between the start date and change of status filed date.)

 

How should I go about solving this problem?

 

1) Should file H1B transfer or COS without pay stubs?

2) Can she start working from the date of filing H1B transfer or COS?

 

Any suggestions will be appreciated.

 

Nazeem

 

 

[jairichi]

Hello All,

 

   First of all, I must congratulate all the members who are actively posting the responses to the threads. You guys are doing awesome job.

 

I have a question regarding my wife's change of status:

 

I applied new H1B (COS from H4) for my, during April 2013 and she got selected from the lottery. Later she got approved H1B and it is valid until 2016.

 

Before the start (approved) date, her employer mentioned to her that the current project is abandoned and he can find her other job. Since he mentioned that he will not run the payroll, we chose to do change of status to H4 in November 2013 and got approved in Feb 2014.

 

Now, there is a job offer for her to join the client in 2 weeks. The new employer asking for pay stubs for change of status. which she didn't got it from her employer (as it was just 1 weeks between the start date and change of status filed date.)

 

How should I go about solving this problem?

 

1) Should file H1B transfer or COS without pay stubs?

2) Can she start working from the date of filing H1B transfer or COS?

 

Any suggestions will be appreciated.

 

Nazeem

1. Tell new employer that your wife applied for COS to H4 immediately after H1B start date and so no pay stubs are available.

2. She can start working only after H1B petition approval.

[omshiv]

That's what happens when you work with DCCs