Legal Question in Immigration Law in California
H1B to H4 conversion
''Entered US in 2008 on H4
Got H1B approved in 2008
Was on leave of absence for 9
months.
Want to convert to H4. Got to know
there are 2 ways 1) to go out of
country and come back on H4(
which is still valid)
2) File for Change of Status in US.
Kindly clarify the following:
1) If I travel to India and come back
on H4, at the POE, will I be asked
for recent pay-stubs since I stayed
on H1.
2) If I file for COS H1 to H4, will I be
asked for pay-stubs?''
3 Answers from Attorneys
Re: H1B to H4 conversion
1. No; 2. Yes, but COS should be OK with leave of absence consistent with company policies, even unpaid leave. So it is not necessary to travel in that instance.
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
EM: [email protected] WEB: http://www.yardum-hunter.com
Re: H1B to H4 conversion
You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation
Re: H1B to H4 conversion
Dear Inquirer:
If your H-4 visa is still valid and you depart the US and return, your paystubs should not be required, because even if you technically violated your H-1B status previously, that alone would not be a basis to bar your readmission. You have not accrued any period of "unlawful presence" unless your I-94 has expired. If you file for a change of status, however, you may be required to show your paystubs, which are relevant in that context, because you must be in valid nonimmigrant status to change to another nonimmigrant category.
I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.