Immigration Issues/H1B transfer to H4

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Question
Hi i am on H1B from oct 2007.I have received new I-94 along with my H1 approval.I have not worked since then due to pregnancy and hence did not apply for SSN and do not have paystubs.My Questions are:
1.Am i out of status?
2.Can i change my status back to H4.if so what is the procedure?

Answer
Hi Sanjana,

You are violating your H1B status since you are not currently employed by the H1B employer (and it appears that you have never been on the employer's payroll).

In order to change status to H4, you must normally provide evidence that you are currently maintaining H1B status, and this is best shown through recent pay stubs. Perhaps you can be employed by the H1B employer and receive one or two months worth of recent paystubs prior to H4 filing to increase probability of H4 status approval. Alternatively, obtain evidence that your medical condition does not allow for employment and submit this along with H4 application.

Application for change of status to H4 is Form I-539.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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