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About Ajay K. Arora
Expertise
My law practice is focused exclusively on employment and family-based 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 petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, 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.
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You are here: Experts > Homework Help > Immigration Issues > Immigration Issues > H1B to H4
Expert: Ajay K. Arora - 10/20/2009
Question
Hi ,
Background:
I came to US on H4 thru my wifes H1B later COS to H1.Now i would like to cos to H4 again.My employer is not willing to apply for H4 and not paying money on bench.
Now my question is " If i will go to my home country and attend for h4 what is going to be for my H1 Approval.With out terminating my h1 by employer if i will attend for `h4 stamping what is the risks involved. Incase if i will come back successfully on H4,still am i exempted from cap quota.
please help me with my questions
Thanks
jdrao
Answer
Hi,
The application for change of status (COS) to H4 is signed by you and you do not require the permission of your H1B employer to change status to H4.
It is certainly helpful for you to submit recent pay stubs from your employer (to show that you are currently maintaining H1B status) if you wish to be granted COS to H4 within the U.S.
If you cannot obtain recent pay stubs, my recommendation is to apply for H4 visa stamp at a U.S. Consulate in your home country. You will not be subject to the visa cap if you wish to change status back from H4 to H1B in the future.
Regards,
Ajay K. Arora, Esq.
www.H1B1.com
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