Legal Question in Immigration Law in California

Re: H1 to H4 conversion

If a person's H-1 case includes a change of status, you can COS to H-4, however, you are required to maintain status and if you cannot produce recent pay stubs, you cannot change status. You'd be more in line with what's requires if you depart the U.S. and return with H-4 visa (new I-94). In that case, the consul may ask why you waited so long and give you a hard time. You should have filed the COS sooner to avoid any problem at all. If you simply didn't know and that is true, you'll probably be OK, assuming you're otherwise admissible to the U.S. Leaves of absence are permissible when they according to an employer's routine provisions for unpaid leave. When done after the fact or simply by a letter, it's not as formal and suspect, unless the company is small. Having other proof of leave of absence before it started should be filed. If that documentation is available then change of status should be acceptable. Regardless of whether you file with CIS or the consulate, it's important to be honest.

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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Re: H1 to H4 conversion

Dear Inquirer:

You may file for a change of status to H-4, as long as your H-1B I-94 is still valid. If you do not have paystubs, the USCIS may deny the COS and require that you apply for a new H-4 visa outside the country.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.