URGENT: COS Process for H1B to H4

[raj.henry]

Hello,

 

I have few questions on the process for COS from h1b to h4.

 

1. My wife got her H1B approved from employer A exactly 58 days ago. But since then her employer has not been able to identify a project for her and since its been close to 60 days, we decided to file a COS back to H4. However, she did not have any pay stubs for these 58 days from her employer because of no projects identified. Will that be an issue with COS filing without paystubs or 60 days is acceptable? I am planning to file COS tomorrow which will be exactly 59 days from the date she got her H1b approved.

 

2. In case, i file the COS and it gets denied for some reason, will my wife lose her H1B as well or she will continue to have that? 

 

3. What is the usual processing time for COS from H1 to H4? 

 

4. If COS gets denied and i start paper work for a H4 application for my wife, should she leave US immediately or can she leave just few days before the Visa interview date in Chennai (India)? e.g. Suppose i get the COS status as denied on May 1, 2016 and i do her H4 application paper work and get the interview date in India for June 15, 2016, will she be required to leave US on May 1, 2016 itself or can she leave around June 10,2016 for the visa interview?

 

5. How long will it usually take for the H4 to be stamped and for my wife to get back her passport? I read in few websites as 3-5 business days from the Visa appointment date in the consulate office in India but few other websites said few months. Which one is true?

 

Please treat this as high urgency and provide your expert opinions.

 

Thanks

Raj

[JoeF]

She needs to get paid. On H1, a person has to get paid all the time. That's the law, and the employer knows it.

Your wife should file a complaint with DOL on form WH4. The DOL will make the employer pay her. That also helps for changing status to H4.