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Immigration Issues/H1 stamping denied-apply for H4

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Question
Hi,

My Husband went for H1b stamping in April 2011 and his stamping was denied in October 2011 because of a wrong reason and when his attorney contacted the USCIS, they said they will look into the case and get back later. Right now he is not in US and remotely working from India for his company. We are planning to get him on H4,my H1b just approved. I have few question on this

-> I donot have pay stubs as my H1b status just started. does this matter? How do I explain this to USCIS, does this have any substitute documents?

->If he comes back on H4, can he still work for his company as his H1 is still approved. And later can he file for a H1 amendment?

I am looking forward to get some answers for these questions. Any help greatly appreciated.

Thanks

Answer
Hi,

Since you are on H1B status, the Consulate will expect your husband to carry with him copy of your recent pay stubs (even a couple of recent paystubs are fine since your H1B petition has only been recently approved).

If your husband enters the U.S. on H4 visa status, he cannot be employed by an H1B employer as the latest action by the USCIS would have been entry in H4 visa status, and an individual can only hold one status at a time in the U.S. Your husband's future employer can file another H1B petition for him requesting change of status from H4 to H1B.

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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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