H4 to H1 Transferred in 2008 but still unemployed can i still travel to India

[abhi_joly]

Hi,

My wife is on H4 and her H1 was approved this year ( 2008 ). She is still unemployed and searching job from OCT. I have few questions

1. Can she travel to India and comeback in month or two ?
2. Will there be any issue while stamping H1 in India?
3. Is it necessary to get on payroll while stamping H1 ?
4. Is there any time limit for H1 transferred person to get on payroll within certain days? i know for student there is some time limit to get on pay roll. Is same applied for other H4 to H1 transferred.

Please advise

[contact 01]

My wife is on H4 and her H1 was approved this year ( 2008 ). She is still unemployed and searching job from OCT. I have few questions

1. Can she travel to India and comeback in month or two ?

Yes, she can travel to India and come back to USA under H-1B visa stamping

2. Will there be any issue while stamping H1 in India?

As long as she has the current pay stubs, then she will not have any problem in stamping. Further your spouse case is change of status that is from H4 to H-1B within US, Which authorizes her to work immediately from October 1, 2008 onwards.

3. Is it necessary to get on payroll while stamping H1 ?

If it is a change of status, then pay stubs are mandatory


4. Is there any time limit for H1 transferred person to get on payroll within certain days? i know for student there is some time limit to get on pay roll. Is same applied for other H4 to H1 transferred

There is a time limit to be included in payroll till he/she gets the SSN number


Note: This is not a legal advice, Please consult an attorney

[cncd1]

Payroll can be run with SSN pending. Your wife has an employer and should have been paid from Oct 1. There is no such thing as "searching for a job" since her H1-B sponsor is her employer and required by law to pay her at all times.

Your wife is out of status since she has not been working and being paid. Stamping difficulties are at the discression of the VO. Your wife should file a complaint with the DOL for back wages and find a new employer and get a new approval notice.

It does not matter that "everybody" does what your wife has done,; it is illegal to not be working and paid on H1-B.