Legal Question in Immigration Law in California

Re: H1B to H4 Conversion

You will not be able to change your status from H-1B to H-4 if you are not maintaining H-1B status. The question of whether you are maintaining status on a leave of absence is tricky and depends on the employer's normal policy. If, for example, you were on a normal maternity leave, you could be considered as maintaining H-1B status. However, if you were benched, you were not in status.

If not maintaining H-1B status, you would be best to leave the US and re-enter on the H-4 visa. You would not be required to proved that you maintained H-1B status when coming through immigration at the airport or border.

You do not need a hew H-4 because your husband's H-1B employer has changed. However, once you return in H-4 status, you might want to file a H-4 extension so that your H-4 expiration matches his H-1B.

Re: H1B to H4 Conversion

You really should consult an Immigration Attorney. Please send me an email if in California with your contact information and we can discuss your particular facts. There is no fee for consultation. We have affiliated offices in New Dehli

Re: H1B to H4 Conversion

Being in status is an issue either way. It's safer to file from here. If you were on an unpaid leave of absence that is based on normal company policy, then that's OK to do. You don't need a new visa just because your husband has a new employer, but you do need the correct status. Again, the issue of pay stubs could be an issue at the consulate as it is here with a change of status. The difference is that you're here in the U.S. and won't be denied entry, or have the expense of travelling. But if you don't have pay stubs associated with a normal unpaid leave of absence, then you're not eligible to change status in the U.S. and you would have to depart the U.S. and get the visa.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

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