Immigration Issues/H4-H1B-H4


I reside in the midwest and am on H4 in the US since 2004. My employer applied for H1B and it is approved valid from Oct 2008. I have a new I-94 as change of status. I have got my SSN also.
But, my employer has not paid me till date (Feb 09)as I have not been placed on a project. I have been available and ready to work since Oct 2008 and have all the papers with me.
1) Can I file for COS back to H4 without paystubs? Do I need an attorney to do this? What should I do about my SSN?
2) Or can another company take me in by filing a I-129 without paystubs? (H1B transfer)
3) Am I out of status and if so what are my options so that I can remain in the US. My H4 is valid till Sept 2009.

Would appreciate a speedy response as I guess I have waited too long already to take some actions.
Thank you very much.  

You can file for change of status to H-4, but the USCIS may request proof of pay stubs. Since you have waited this long to change I am not sure if the USCIS will excuse this. It will approve the H-4 or the new H-1B application but it would require you to leave the country and reenter on H-4 visa.

I think that the best option would be for you to reenter the US on your valid H-4 visa.  I strongly reccomend you to consult an immigration attorney will be able to properly guide you after reviewing all the facts in your case.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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