Hello
I am currently in US. From May 2010 to Sept 30th 2012 I was on H4. Company XYZ applied for my change of status from H4 to H1B and it got approved. Starting from October 1st 2012 I am on H1B. But since the company has no projects, I was not asked to join and hence did not receive any paystubs.
Now they are giving me two options (which I need to select immediately) -
Option 1 - Leave US and go to India which is my home country and reenter with my H4 visa which will expire only on September 2013. If I get any project after I come back on H4, I can go back to India again and stamp my current H1B without any issues.
Option 2 - Apply for Change of Status from H1B to H4. It will take around 2 to 3 months to get it approved. In meantime, if they can get project for me, they will cancel the COS application and I can work for them in H1B. But if COS is approved and then I get a project, I need to re-apply the H1B fresh (but cap exempt H1B – No need to wait till next October 1st).
My questions –
Are there any issues in doing these options without paystubs?
In option 1, should I go for H4 Visa stamping again or can I use the existing stamped H4 Visa that expires only on September 2013.
Incase if COS is denied, can I get back to US by exiting and re-entering using my valid H4 visa?
I was not asked to join the company since there were no projects for me. Because of this I am not in their payrolls. Company is saying that they will be bond to provide pay stubs only after I join the company. Not from the H1B start date. Is this true?
Please note – My spouse is also working for the same company.
Thanks,
Kezia