COS from H1 to H4 and residing in USA?

[pyerragunta]

My question: After I file for COS, can I still stay in USA until I hear back on the COS application, with out a job in hand and a active payroll?

 

 

My current situation: 

I've been employed with a preferred vendor since 2 years and the contract with the client ended in jan, 2015; I submitted official "Leave of absence" form to my employer and went to India for 2 months on vacation. 

 

I came back to USA on April 8th; and been trying to find a new project since then; but nothing worked out yet.

 

But my employer gave me time till May 12, to either transfer my H1 to a different employer or change status to H4. 

 

We are planning to apply for change of status from H1 to H4 - and want to clarify above specified major concern.

 

Thanks!

[jairichi]

Were you paid from April 8th? If the answer is YES then you can apply for a COS to H4 and stay in US without a job or active pay roll. If the answer is NO then you are out of status from April 8th and your COS to H4 petition will be denied. If you are not paid from April 8th you will need to file a complaint against employer with DOL. As, whether you have a project or not an employer has to pay you. Filing a complaint will help you to get your salary dues and also do a COS to H4.

[pyerragunta]

Thank you Jai for the response. 

 

We get paid monthly per the employer-employee agreement. And the payroll schedule is like, we get paid at the end of every month for the time we work from 15th of previous month to 15th of current month.

My official leave application has dates starting from Feb 4th to April 10th. So its like 3 working days till the 15th of April, and my employer has agreed to provide me the paystub for Apr 30. 

 

So, I will officially have all the paystubs till the time I was working in Jan before my trip to India and for the time after the last date of my leave. They agreed to provide a official document stating that I was on official leave and also out of country.

 

I'm assuming I'm in a good shape? Please confirm.

 

Thanks again!

[jairichi]

Thank you Jai for the response. 

 

We get paid monthly per the employer-employee agreement. And the payroll schedule is like, we get paid at the end of every month for the time we work from 15th of previous month to 15th of current month.

My official leave application has dates starting from Feb 4th to April 10th. So its like 3 working days till the 15th of April, and my employer has agreed to provide me the paystub for Apr 30. 

 

So, I will officially have all the paystubs till the time I was working in Jan before my trip to India and for the time after the last date of my leave. They agreed to provide a official document stating that I was on official leave and also out of country.

 

I'm assuming I'm in a good shape? Please confirm.

 

Thanks again!

If you submit a COS petition, say by next week you will get a RFE from USCIS requesting for pay stubs from April 8th 2015 as evidence for you maintaining H1B status. Only if you provide that you will be able to get a COS to H4.