H1B to H4 COS (Fresh H1b Approval with 2 months gap)


prashantkumark09

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Hi,

 

I would greatly appreciate your help in this regard.

 

I entered USA in June 2014 as a H4 dependent. This year i.e. Oct 2015 I got my H1B approved. I was supposed to join the client but due to budget issues the position went on hold. Now I am on H1b since 1st of OCT 2015 without a job. I am planning to apply for change of status (COS) to H4 since my spouse is on a valid H1b visa till Jan 2018. I have below queries

 

(i) Is it possible to go for COS by staying in USA without having a pay-stub? 

 

(ii) If not then can I travel to India and can come back on H4?

 

I would highly appreciate responses on it.

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Thanks for your response.

 

I guess there is a 90 day rule where in if the employee does not report to work after h1b valid date i.e 1st Oct. COS will not have any issue.

 

This is what I am hearing from lots of places

60 days. But, if employee reports to employer during that time then employee is on H1B status and needs to be paid.

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Thanks for all of your reply. 

 

I applied for the passport and I am supposed to get it by 15th Jan, 2016. so for my kid, I need till Feb, 2016. After that they can return to Home. So what is the best to do now? In that case, can attorney do something, so that can I take help of an attorney? 

 

Please advice. 

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Thanks for all of your reply. 

 

I applied for the passport and I am supposed to get it by 15th Jan, 2016. so for my kid, I need till Feb, 2016. After that they can return to Home. So what is the best to do now? In that case, can attorney do something, so that can I take help of an attorney? 

 

Please advice. 

Talk to an attorney.

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