Legal Question in Immigration Law in Georgia

H1B to H4 Conversion

''Received H1B Visa starting from OCT 2006, but entered in US in July 2008 on same H1B. I was pregnant and most of the job I was getting has travel involved so I applied for leave and I became mother in Oct 2008. I wanted to start work sometime from Jan or Feb 2009 but due to market condition and small baby at home I exnteded my leave. My employer was agree and he knew that my baby need more attention so he approved leave, and until now I am on leave and I don�t have a single paystub. My H1B is expiring in Sep End 2009 so I have two choce : (a) Extend H1B with maternity reason (b) Change status to H4 as my husband is on H1 which valid for next 3 years�

To convert to H4, got to know there are 2 ways

(1) To go out of country and come back on H4 based on my husband�s H1B

(2) File for Change of Status in US without Paystub

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 H1B in US for a year?

(2) If I file for COS H1 to H4, will I be asked for pay-stubs?

Can I provide a letter from my employer �with company policy and leave approval along with my leave applications� for a reason of absence of paystubs.

(3) Will I able to come back to H1 status again in future (if H4 status was granted) based on current H1, because I utilized about 1 year of H1B until now? My employer is not planning for H1 extension in Sep�09 just because of current market scenario. They may want me to come back and work in future.

Please Suggest me the best way to come to H4 . Also about using H1 in future may after 1 year when I will be in position to keep my baby in playschool and work.

Note: I had H4 based on my Husband�s 1st H1 and it expired. Presently I have H1B only.


Asked on 8/27/09, 7:41 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You should schedule a consultation with a qualified immigration attorney. If a company has a lawyer who assisted with your H1B application, you might be able to talk to them free of charge. These multiple questions require a case-specific review and advice, which is not possible to do on a public forum.

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Answered on 9/01/09, 9:23 pm


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