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Immigration Issues/H1 B Visa without recent pay stubs & leave

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Question
Hello,
Greetings!!!
I have H-1B Visa from October 2014and I started working from October till April end. I have Pay stubs till June 2015 but for July and August I don't have any pay stubs. My employer is asking me to apply for leave for these two months and convert your visa from h-1 to h4. They will terminate my H-1 B visa August 28. I have few questions.
1. If I will apply for leave for July and August will there be any issue for converting H-1 to H-4 and what all documents I will need for converting H-1 to H4.
2. Once after termination when I should visit to India, Can I go in Nov or I need to visit immediately for H4 stamping. I mean is it valid to stay in US after my H-1 termination and apply for h4.
3. After get successful H4 Stamping from India once I will get client How much time will it take to convert H4 to H1 again and what all documents also as July and August Pay stubs I don't have, will it be any problem in that duration if I will apply leave for July and August months.
Please reply as soon as possible.
Thanks in advance.

Answer
Hi,

You are currently not maintaining H1B status as you are not being paid the salary stated in the H1B petition (there are exceptions for leave under the Family Medical Leave Act). In general, therefore, it is not possible to change status from H1B to H4 within the U.S. unless you are currently employed in H1B status and provide (very) recent pay stubs at time of filing.

I recommend that you depart the U.S. soon and apply for an H4 visa at a U.S. Consulate in your home country.

An H1B petition can be filed by your employer requesting change of status from H4 to H1B. It can be filed through premium processing, whereby the USCIS will make a decision within 15 days of filing, and you will not need 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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