H1 COS...Please help guros...... [Archive]

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sandy_76

11-05-2009, 03:52 PM

Hi
My wife took H1 B visa in October 2008 and her employer has not find any job or gave any paycheck.Now I came to know some resource that she cannot stay on this status.What the procedure I need to follow now.How she can change it to H4?or if she goes to India and I apply her for a new h4 petition will that work ?or without paystub can i apply for her COS.

I am currently in H1 B transfer, can i include her in to just apply for her h4 by showing my paystubs, will it help in making COS of my wife from H1 to H4

Please help me ....................

P.G.N.Nuri

11-06-2009, 12:00 PM

For COS from H1 to H4, you need to have the last 2-3 paystubs.With out these I assume the COS will not be approved.If she is on H1 she should be paid regularly by her employer irrespective of having a project or not.

I did see some postings where they said that if she is never employed then COS can be done and they had the approvals.

Please look at the following thread may be this helps
http://forum.path2usa.com/forum/showthread.php?t=41507

Note : This is not a legal advise.

sandy_76

11-06-2009, 01:57 PM

sudhamsh

11-07-2009, 12:27 PM

Thanks ...sir...Any way I applied for my H1 B transfer and also I added her papers ..I am waiting what Attorney is going to say ..I will definetly update you all ..so that it will be a value addition for every one.

Tell the attorney that your wife is currently having H1b. I believe, the H4 dependents are eligible to be applied with the principal H1b holder for any status change. Since your wife has a H1 she is no more a dependent for you. If USCIS finds that she is out of status, then it will lead unnecessary complications for both of you.