My H4 Visa expired feb 2010.H1 petition validity: 07/01/09-2013. Travelled to India on 8th Oct 2009 & bck on 29 Nov 09 on H1 Visa.No pay stubs as no salary on bench. Total stay in US on H1B till date:4 mon 23 days
1.Can I file AOS without sending paystubs? In case of RFI, I can manage to get my last three paystubs, do you think this can work? In case my AOS is rejected, can I still go out of US (Canada)and get an H4 visa?or I need to go to India(Homecountry)?Can I wait until I get project & start getting paid?
2.If I go to India in dec this year then does the duration of being out of status risk my getting H4 visa in India?
After getting H4 visa,does approved H1 petition valid until 2013 can be used to file my H1B without cap category.
Will my OOS effect my spouse GC?Please advice.