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Posted on 26 Apr 2009
Q.

Change of Status from H1 to H4

My wife got her H1 approved in Feb 2009. But she has not worked because she delivered in Jan 2009. Current H4 visa expired in March 2009. But based on my H1 extension she has her another H4 approval (not stamped yet) till March 2011. H1 visa came after new H4 approval.

I wanted to know what option will be best for COS from H1 to H4:

1. File I-539 (But she does not have any pay stubs. Giving reason "Does not want to work as she has just delivered")

2. Go to India and get her H4 stamped. (She is planning to go in November or December 2009)

How does each of the above option affects her applying for COS from H4 to H1 again when she decides that she needs to start working again. Will pay stubs be required when she wants to go back from H4 to H1. Please suggest.

User's Location: Los Angeles, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 28 Apr 2009
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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