Legal Question in Immigration Law in Ohio

Hi,

I want to transfer from H1B to H4 and I dont have 8 months paystubs, But I have leave of absence from my employer.

I searched a lot but no one said anything about success in H4 Stamping in India but everyone suggested the same.


Asked on 4/14/15, 11:49 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

As long as you can prove that you did not fall out of H-1B status before you filed for your H-4 visa, then you should be fine. However, if you depart the U.S. & the U.S. Consulate in India finds that you had fallen out of status for more than 6 months, then they can deny your H-4 visa & you will be barred from re-entering the country for at least 3 years.

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Answered on 4/14/15, 2:10 pm
Philip Eichorn Hammond Law Group

Hi. There are some concerns here that Ms. Hemmings noted. My best advice is to sit down and show all of your paperwork to counsel and have a very open conversation regarding your leave of absence and all of the circumstances surrounding it. How USCIS and DoS view this leave will be critical in determining whether or not you fell out of status.

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Answered on 4/15/15, 6:17 am


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