Legal Question in Immigration Law in California

Change os Status from H1 to H4

Hi,

I came to US in 2009 on H4 visa and then got H1b approved in 2009. I worked for few months and then currently I am on leave of absence since March 2009 and that is why I do not have paystubs. Now I want to change my status to H4 again. So please let me know the following:

1 ) Can I apply for change of status here in US by filling I539 for COS.

2) For this, what are the required documents?

3) Do I need my recent paystubs or the proof of leave of absence will do?

Thanks


Asked on 6/10/09, 6:25 pm

3 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Change os Status from H1 to H4

You should really hire an attorney as the case is sensitive and likely to draw attention as the facts are unusual.

The I-539 should be OK with pay stubs until the leave of absence began, but the leave of absence must be per your H-1 employer's usual policies as dictated by Department of Labor regulations which should be quoted and the leave documented.

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

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 6/10/09, 7:09 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: Change os Status from H1 to H4

Dear Inquirer:

You may file for a change of status to H-4, provided your spouse is in valid H status. If you are requested to provide paystubs by the USCIS, you would have to explain your employer's decision to lay you off and if the COS is denied, you must be prepared to depart the US and re-enter with your H-4 visa.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

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Answered on 6/10/09, 10:45 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Change of Status from H1 to H4

You really should consult an Immigration Attorney. Please send me an email if in California with your contact information and we can discuss your particular facts. There is no fee for consultation.

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Answered on 6/15/09, 2:18 pm


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