H1 to H4 and H4 to H1 without Paystubs

[chotu4994]

Hi,

 

My spouse who was on H4, converted to H1B recently starting from this October 1st 2014. But now as she didn't get a job so far, their employer suggesting to revoke her H1B to convert back to H4 so that whenever she gets a job, they can apply for H1 B and bring her back to H1 B status.

 

Help me with these..

 

1. So what are the risks involved in this process ( H1 - H4  - H1 )  ?

2. Is this process even possible without having Paystubs as the employer is not running payroll yet ? 

 

They are saying it is better to go back to H4 as soon as possible.

 

Thanks a lot for your help !!

 

I apologize if this post is repeated.

 

Cheers,

Sri

[JoeF]

She HAS a job, with the employer. She needs to get paid, even if the employer doesn't have a project for her.

That's the law, and the employer knows it.

Without getting paid, a COS to H4 is not possible.

If the employer doesn't want to pay her, she needs to file a complaint with DOL on form WH4.

[jairichi]

Since she reported to employer and not being paid she is currently out of status and so a COS to H4 will be denied. She needs to file a complaint with DOL against employer.

[rahul412]

First, how did that employer filed H1 without a job??

Second, on H1 you need to get paid every month without pay stubs she will be considered as out of status. Her future H1 or COS to H4 will not be approved without latest pay stubs.

 

File a complaint against that FRAUD employer.

[pontevecchio]

Her employer has committed fraud. Given that she has actually reported to him at work he has the choice of laying her off or start paying her. Revocation is not your concern. I would have her leave and return on the H4 visa and then look for a suitable employer in future to file her H1 with COS from H4.

[chotu4994]

Thank you so much for the replies..

 

Filing complaint is a big step.. do I have any other alternatives ? Looks like it's risky to do COS to H4 without Paystubs.. is it better to have couple of paystubs genrated and then do COS to H4 ?

 

Thanks again  !

 

 

Sri

[pontevecchio]

Generated stubs are a crime. Why would you do this to your wife? First talk to a Lawyer. Secondly have her follow his guidance.

[JoeF]

Thank you so much for the replies..

Filing complaint is a big step.. do I have any other alternatives ? Looks like it's risky to do COS to H4 without Paystubs.. is it better to have couple of paystubs genrated and then do COS to H4 ?

Thanks again !

Sri

Filing a complaint is easy.

Faking pay stubs is a felony, and would result in lots and lots of problems, up to deportation. Don't even think of doing something like that.

File a complaint with DOL on form WH4!

[jairichi]

Thank you so much for the replies..

 

Filing complaint is a big step.. do I have any other alternatives ? Looks like it's risky to do COS to H4 without Paystubs.. is it better to have couple of paystubs genrated and then do COS to H4 ?

 

Thanks again  !

 

 

Sri

Filing a complaint is simple. Generation of fake pay stubs is a crime.

[rahul412]

Thank you so much for the replies..

 

Filing complaint is a big step.. do I have any other alternatives ? Looks like it's risky to do COS to H4 without Paystubs.. is it better to have couple of paystubs genrated and then do COS to H4 ?

 

Thanks again  !

 

 

Sri

Why its a big step to file a complaint??

Generating fake pay stubs is ILLEGAL, that leads to ban. Are you willing take that risk??

 

What's the deal in filing a complaint??