need info on h4 to h1 change of status...

ashwini999 · Dec 22, 2008

hi
am on h4 now and thinking to apply for my h1 next year..i will be applying for change of status also along with my h1,for changing from h4 to h1 on oct 1st 2009...
my concern is , my DH says, if i dont find a project after oct 1st 2009,then it will be hard for me to maintain my h1 status and then if i had to go for h1b stamping, then it will be hard to run payroll without a job...for generating pay slips....
please suggest...in case if it takes so long for me to find a project on h1, can i just go back to h4 to avoid the hassles of being on h1 without paychecks...
please share your experience...

padmapavan · Dec 28, 2008

Hi Ashwini,

Once u get your H1B approval u your work date will be w.e.f Oct'09 or '08 whenever u file for your Work status..Once your work date starts u have to start working.. in case if your employer is not able to find u a project, then you have to look for another option..

one cannot be on a Non-immigrant status without maintaining the status.. maintaining the status means iwther u have to work or have to change ur status to H4 back..i think the grace period for which u can be on bench is about 3 months(not sure), sorry if i am wrong..

You cannot get your status changed to H4 from H1B without paystubs..so make sure that your employer helps in finding u ajob once ur work date starts..

Hope this helps..

let me know if u need further clarifications..

bye,tc

ajitha · Jan 3, 2009

One of my friends applied for H1 for 2008, she got it, but did not find a proj. She had to go to India. There she got the stamping for H4 since she did not hv the paystubs. Her consultant says that when she finds a proj, she can apply for H1 anytime and start working as soon as she gets it. She wont have to go thru the quota for the year which means she doesn't hv to apply a fresh H1. I dont know how long this is valid.

rameshara · Sep 16, 2010

lots of wrong information here...here is the corrected info..

You can convert from h1 to h4 without pay stubs as long as it you don't remain in out of status (no pay stubs) for more than 6 months..(correct days is 180 days) the USCIS forgives small lapses. But do this convert when in US.

Then you can go to India and get the H4 visa stamped on your passport (without h1 pay stubs).

out of status - ~180 days without pay on h1 (not a very big offense)
Illegal stay - any day without pay beyond the expiration date on i94.(serious offense and may get you a 3 year ban)