H4 to H1 COS without paystubs

[kattu786]

Hi,

 

I am currently on H4.Recently an employer has filed cap-exempt H1 petition for me but the attorney didn't ask for my spouse paystubs .I have two queries :- 

 

1) Can this lead to an RFE (asking for a valid status proof)

 

2) Once the COS is approved , is it mandatory for me to join on the same day or as per the 30/60 rule, can i join with in 60 days ?  

[rahul412]

Hi,

 

I am currently on H4.Recently an employer has filed cap-exempt H1 petition for me but the attorney didn't ask for my spouse paystubs .I have two queries :- 

 

1) Can this lead to an RFE (asking for a valid status proof)

 

2) Once the COS is approved , is it mandatory for me to join on the same day or as per the 30/60 rule, can i join with in 60 days ?  

1. You need pay stubs only if your previous status is work status, not when you are in H4

[jairichi]

1. Why your spouse's pay stubs when H1B is filed for you?

2. 60 days, if your employer agrees.

[wiweq]

Pay stubs are required in the case of H1b to H1b extension only. Once the COS is approved, its your burden to maintain your H1b from the date of approval/ h1b start date. Maintaining means working your sponsoring employer and getting paid every pay cycle. 

[kattu786]

1. Why your spouse's pay stubs when H1B is filed for you?

2. 60 days, if your employer agrees.

My view was that a COS is only granted when I have been maintaining status in US.A couple of years back when I did a L1-H1 COS paystubs were required.Since my status is dependent on spouse , I thought they would verify her status via paystubs.