H1B without paystubs & conversion to H4


aanchalbansal

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I am currently on H1-B from last 4 years but I am on leave without pay from past 1 year (voluntarily I requested). 

 

I have pay stubs but have zero salary on it from past 1 year and I want to leave my job without joining it back and get H4 status in US. Is it possible to change my status from H1 to H4 without leaving USA or there will be complications related to "no salary drawn during H1".

 

Please advise.

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I believe you are out of status for the past one year as there is no H1B status if you are not paid. 

 

Your COS petition will be denied and so you need to exit immediately and apply for a H4 visa.

 

Before that you need to talk to an immigration attorney, preferably by today to discuss about potential consequences for being out of status for such a long time.

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