H1B - H4 conversion

[seeni_kris]

Hi,

 

My wife got her Change of status from H4 to H1B approved on Nov 2014. But due to USCIS delays we were able to get SSN only on Mar 2015. Her employer hadn't processed payroll as SSN wasn't there so she don't have paystubs till now . Now we are thinking of resigning and going back to H4 as my wife is pregnant which got confirmed on mid-march, 

• Her employer is saying that she has to be on payroll for 6 months and produce 6 month paystubs for conversion H1B to H4 to happen. Is that true?.
• Also should we have to wait till Sep 2015 to apply for H1b to H4 conversion? or Can we apply now?
• She has H4 visa stamp till sep 2015, can we go out of country (say to mexico) and enter in H4 stamp?  Would CBP ask for recent paystubs etc?

 

Thanks Guys !!

 

[jairichi]

1. She is out of status from Nov 2014 as she was not paid by employer. Modern payroll allows employer to run payroll without SSN. To move to H4 she needs pay stubs to USCIS that she maintained H1B status. Otherwise her COS to H4 petition will be denied. Her only option is to file a complaint against employer with DOL. Based on that she will get her salary dues and also move to H4 without pay stubs.

2. Can be filed anytime. But, refer 1.

3. Yes, she can do so. She needs a copy of your I797.

[pontevecchio]

Lack of SSN is not a valid reason for not reporting for work and starting and getting paid. Also USCIS has no connection to the SSN. The employer seems not kosher. Talk to a Lawyer about the matter with specifics. She can always leave and return with a H4 visa.

[JoeF]

Hi,

 

My wife got her Change of status from H4 to H1B approved on Nov 2014. But due to USCIS delays we were able to get SSN only on Mar 2015. Her employer hadn't processed payroll as SSN wasn't there so she don't have paystubs till now .

 

That is not an excuse. The employer has to pay her, even if she didn't have her SSN yet.

Modern payroll systems know how to handle these things, there is a placeholder in the code for this.

That employer is a fraud. File a complaint with DOL on form WH4.

[seeni_kris]

Thanks Guys 

[r_lavanya]

Hi seeni_kris,

 

I am in the same boat. Can you please let me know if you converted your wife's H1B status to H4? If yes, did you go for stamping outside the country? Did the visa officer ask about employment during H1B and Pay stubs? Please help. 

 

Thanks