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Panna Patil
Mar 9, 2009, 03:18 PM
Hi,
I have a question regarding my status.

1) I came to US in 2006 on H4 visa.
2)processed my H1 B visa in 2007 April which was approved by Oct'2006.
3) I have not found a job since and my employer has not paid me.
4) So I do not have pay stubs and my payroll was never run.
5) What is my status today?
6) what are my options of transferring my H1 B to another employer?
7) How can I transfer my H1 B back to H4? If yes, how?

DCcityboy
Mar 9, 2009, 05:00 PM
If you were to apply for the H-4, generally the USCIS would want evidence that you maintained H-1B status. Do you have a good reason for not changing back to H-4 in 2007 or 2008? While the company is liable for "benching", you should have moved back to H-4 years ago.

Your case will be decided on the facts regarding your unpaid LOA/benching.

You should consult with an experienced immigration attorney or certified specialist. They can research the case law to see if you can safely apply for the H-4 COS.

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