H4 to H1 to H4

[sidusa]

Hello,

 

  My wife (arrived to US in 2006)  was on H-4 until she was picked in the lottery for H1 (2009 or so). After few months of job searching she wasn't able to find anything. We decided to go back on to H-4 and didn't use any COS. Since the Employer didn't pay her she traveled outside of US and came back on H-4.

 

 Now she is eligible to apply for H-4 EAD on my H1. What kind of issues are we going to face because of the above ?

 

Thanks for the reply in advance.

[jairichi]

Nothing.

[rahul412]

Was she getting paid during that time, if no then she is in trouble.

[r_lavanya]

Hello,

 

  My wife (arrived to US in 2006)  was on H-4 until she was picked in the lottery for H1 (2009 or so). After few months of job searching she wasn't able to find anything. We decided to go back on to H-4 and didn't use any COS. Since the Employer didn't pay her she traveled outside of US and came back on H-4.

 

 Now she is eligible to apply for H-4 EAD on my H1. What kind of issues are we going to face because of the above ?

 

Thanks for the reply in advance.

 

Hi sidusa,

 

I am on H1B and didn't get into any project yet. So I have decided to go to India and get my H4 stamping. Can you please share your wife's h1-h4 interview experience? Was she asked about the employment during H1B? Did they ask for pay stubs? Please help.

 

Thanks 

[rahul412]

Pay stubs are mandatory if you are working on H1. Did you ever got paid or not?

[jairichi]

Hi sidusa,

 

I am on H1B and didn't get into any project yet. So I have decided to go to India and get my H4 stamping. Can you please share your wife's h1-h4 interview experience? Was she asked about the employment during H1B? Did they ask for pay stubs? Please help.

 

Thanks 

If your H1B was filed and approved as COS then file a complaint against employer with DOL. You will be able to get your salary for all these months.