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Posted on 17 Mar 2010
Q.

H1 to H4 COS with no paystubs and WH4 filing

I got H1-B visa and COS H4 to H1 in Oct 2009.Since 5 months my employer didn't give me any project nor paid me.Now I am going to file WH4 complaint with DOL and file for COS from H1 to H4 to come back in status. I want to do this without leaving the country (from US)
"It might take 2 to 7 weeks to get receipt/acknowledgement from DOL for WH4."
"I do not have any pay stubs"
1. If I file COS from H1 to H4 without paystubs and without WH4, I might get an RFE and COS might get denied.
2. If I wait for WH4 receipt from DOL, It might take several weeks and I would be out of status till then.
Q1-What should I do in this case?
Q2-Could I send any affidavite by a lawyer along with H4 application? If yes what should it contain?
Q3-Going to home country is last option. But is that more better?

User's Location: Iselin, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 17 Mar 2010
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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