H4 issues while converting to h1B

USA L1, L2 Visa
1

Hi, i am on H4 visa. and applied for new H1B this year. but unfortunatly it’s in RFE now. My Husband is holding valid H1b visa.

but if he once out of payroll means we have to leave US. Can i stay at here while processing H1b. is this legal to stay in USA while H1b is in process in this case. please help me out.

Thanks in advance.
2

No, you cannot stay in US on the basis of H-1 processing. Unless your H-1 gets approved w/ COS before he leaves US, you have to leave w/ him.

3

Thanks for reply saurab. one more question. my husband project end by this month 30(oct 30). meanwhile new employer applying h1b transfer. to do this new employer will take time to back ground verification and all… so after that can we stay in US by applying EAD? or how can we stay in US with legal status can you please suggest . its urgent thanks

4

Unless the new H-1 is applied before Oct 30th, you guys cannot stay in US on the basis of that H-1. Explain the urgency to the new employer and their attorney so that they can at least start the LCA process and be ready to file prior to Oct 30th.

5

there is no grace period of 1 week or something

6

we already explained to employer he is also trying to help us out. but according to company policy they will take max of 3 weeks. and its big MNC we cant request more than that… please suggest something upto your knowledge thanks

7

if they applied before oct 30 , can we stay at here?

8

Yes, if H-1 is applied prior to Oct 30 he can stay here. Still he will have to join the new employer from Oct 31 on the basis of transfer receipt. He cannot work for current employer beyond Oct 30 unless they file for extension. In addition, if he joins the new employer and the transfer is denied, then he needs to leave US ASAP.

There is no official grace period. When is his I-94 expiring?

9

thanks for your reply. I-94 wil expire in next year sept. can you pleasegive your mail id or give some test mail to pravallika81987 at gmail dot com. Thanks for help.

10

Hi Saurab, My Husband employer is not running payroll for last 10 days of work at the end of project and deposited the final settlement in cash over the counter and they sent him a breakup of deposit but they didn’t generate online paystub for this. usually they do a direct deposit into his bank account(this shows the employer name in the account statement) and would generate online paystub.

They said this is general practice they follow for every project.

will it become problem for us in future? i mean if we go for stamping in india after H1 transfer,or for any future stampings at india? how can we handle this please suggest us.thanks

11

He should have enough proof to show that he was paid for those 10 days. This could include pay slip, letter from employer detailing the wages, taxes etc and W-2.