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Immigration Issues/Convert H-1 to H-4 without recent 2 ay stubs


My employer is terminating my H1 B visa in August end. I have pay stubs till June 2015. I want to apply for H4.
1. Should I apply for H-4 before august end and From USA and get stamping in anytime in Home Country visit.
2. Should I apply for H-4 before August end from Home Country and get the stamping.
Main question is should I leave USA before August end or I can live here and file H4 from us itself.
Thanks in advance.


As you have no pay stubs after June 2015, you will not be able to prove that you have been in full-time H-1B status. Thus, you have to go home for the visa stamp. If you remain in the USA, you will be considered out of status. A foreign national who accrues more than 180 days but less than 1 year of unlawful presence will be barred from re-entry to the U.S. for 3 years. Similarly, if he has been in the U.S. for one year or more beyond his period of authorized stay, he will be barred from re-entering the U.S. for ten years.

Thank you for your attention. Best wishes.  

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Hung Viet Can


I can answer nearly all questions concerning Canada and U.S. immigration.


I have worked for more than 20 years in the field of Canadian immigration and more than 7 years in the field of U.S. immigration.

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