H1B TO H4 - Valid H4 Visa Stamping.

[dil_ip3]

My wife wants to move from h1b to h4 status.

Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

What is the procedure to come back to H4.

She already has H4 Stamping valid in her passport (until August 2009).

She does not have H1B Stamping on her passport.

My H1B status is perfect with all paystubs.

Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

Would there be any problem in coming back on H4?

[ashkam]

Well, you don't really have a choice now, do you? If she stays on in the US, she will extend her invalid status period. She cannot apply for a COS to H4 in the US because she doesn't have paystubs. Her only option is to go to India and get an H4 stamped and pronto. As to denial, it's all in the visa officer's hands.

[dil_ip3]

She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

[kopra]

Usually they dont create a big issue for H4 re-enty at Port of Entry. But time has changed, and the only thing you can do is to try.

Originally Posted by dil_ip3

She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

[dil_ip3]

Thanks Kopra for the reply.

Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.

[guidance]

I am in same boat.

I have asked my attorney and she said, they will be going for COS from H1B to H4 and will produce leave of absence from OCT1, 2008 till date(no pay-stubs) and H4 will be based on my husbands H1b status and will produce his paystub and not mone.
Does it look right option?

[kopra]

Yes you can say you didnt join them . Again, of all the cases i have heard , people at POE hasnt created any issue for H4 Re-entry.please take a one time appt with any good immigration att. so that you dont have to worry

Originally Posted by dil_ip3

Thanks Kopra for the reply.

Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.

[ashkam]

Originally Posted by dil_ip3

She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

[desi3933]

Originally Posted by ashkam

You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

>> Since she is currently on an H1B, her previous H4 stamp is invalid.
Incorrect. Total BS in your post.

Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.

__________________
Not a legal advice.
US Citizen of Indian Origin

[dil_ip3]

Thanks Kopra and desi for your replies,

I will do as my attorney has suggested. I will see if I can get any appointment with some good immigration lawyer to talk to as well.

[ihateh1]

Since your wife has a valid H4 she dosent need to get the stamping if the H4 is filed through your employer. couple of my friends have the same situation. one of them moved to H4 and her employer told if anybody asks then she can say she never joined the company...another friend of mine is running payroll for his wife by paying money from his own pocket...

[bajrangbali]

Consult immigration lawyer and try to keep the time out of status to a minimum. Do not try to take chances, times are tough and everything is being looked through when it comes to immigration. Wish you luck friend!

[superann09]

hi dil_ip,

Did your wife get your back on to H4 visa from H1? What was the procedure that you went with? I also am on H1 in the US and want to move back to H4. I plan to go to mexico and re-enter the US with my previous H4, which is valid till mid 2010. Is there any problem at the port of entry?
Please reply back

Thanks