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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