Come back to USA on h4 while H4 has already transfered to HB and no pay slips.

USA H1B Visa
1

Hi,

My wife got h1b approved in Oct 2015 from h4 visa.She already received her I-797 from her employer. However, her employer couldn’t able to find project and generate pay-stubs for 3.5 (Oct’15 to Jan’16)months. My wife is currently on the bench. her employer is saying that she doesn’t need to worry about her h1b as they have used some grace period. Now she needs to visit India for some emergency.

  1. Will it be possible for my wife to go India and come back on h-4 Visa and then after she can start finding the job ?

  2. Anyone know what is that grace period when a h4 visa converted to h1b ?

2

  1. If she already has H-4 visa stamp, then she can just use the same to return to US. If she has to appear for H-4 stamping, then she may run into issues if consulate asks about her H-1 payslips.

  2. There is no grace period. She should be getting paid and the employer is finding excuses not to pay her. She is not maintaining valid legal status, and should get in touch with an attorney ASAP and get it corrected.