Immigration Issues/H1-H4-H1

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Question
My H1-B Approved in Oct 2007. I was on bench for 9 months and after that I found project and worked for 6 months i.e. (jun- Dec 2008).From Jan 2009 I was out of job & could not find job due to market conditions. And after a year i.e. Jan 2010 i changed my status back to H4.
Now I am on H4 visa. But I have a job offer now which I would like to take up. My questions are:
What documents do I have to submit for this new petition?
I do not have pay stubs for when I was out of job will it be  a problem for H1(H1-H4-H1)?

Thanks a lot for your advice.

Answer
Hi,

The USCIS will not expect you to submit your pay stubs to change status from H4 to H1B even though at one point in time you were in H1B status.

You are expected to submit evidence that your spouse is maintaining his H1B status (and thus you are maintaining H4 status) and this includes copy of your husband's H1B approval notice and copy of your husband's recent pay stubs.

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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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