Immigration Issues/H1B to H4

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Question
Hi Ajay,

I want to transfer from H1B to H4 and I don't have the recent 7 months paystubs.

I searched on internet a lot but no one said anything about success in H4 Stamping in India but everyone suggested the same.

Do you know anyone who has successfully got the H4 stamping in India ?

Is there a 180 days bench (out of status) rule & if you cross that you will be banned for 3 years to enter USA ?

Do you think my case fall under 180 day rule ??

Thanks,

Answer
Hi,

The 3 year and 10 year bars to entry to the U.S. only apply for unlawful presence in the U.S., not unlawful status. You appear to be violating H1B status at present, and it is unlikely that you will be granted change of status to H4 by filing an application to change status with the USCIS.

You should apply for the an H4 visa from a U.S. Consulate in your home country assuming that your spouse is maintaining his respective H1B status.

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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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