H1 to H4 conversion without pay-stubs

My wife came to USA in Feb, 2016 on H1B Visa.

One consultancy in Texas has processed her visa.

After coming to USA, they asked my wife to search for a job as they do not have any openings with them.

My wife could not get a job till date.

She does not have any pay-stubs yet.


I am also on H1B in USA and thinking to get my wife’s H4 visa processed rather than staying on her H1B Visa any more.

She is thinking to go back to India (our home country) as soon as possible and then we are thinking to get her H4 processed.

Our query is can we apply for her H4 Visa without any pay-stubs?

Also, I have 1 more question

If my company does not agree to apply for my Wife’s H4 Visa without pay-stub, Can I myself apply for my wife’s H4 visa with the help of an attorney?

She will be appearing for H-4 visa interview for this, correct? Your current employer doesn’t need to get involved in this. Just send her the documents like your own 797 petition, employment verification letter, recent payslips etc and she can appear for H-4 interview.

Problem in her case is that she may be questioned about why she stayed inside US for 6 months on H-1 w/o getting paid. This is serious as 6 months of out-of-status can have repercussions down the lane.

If H-4 interview goes fine, she can return to US and ask her H-1 employer for back wages. She can complain to DOL to get those.