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    Panna Patil's Avatar
    Panna Patil Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 9, 2009, 03:18 PM
    H1 B visa status
    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's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
     
    #2

    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.

    If this was helpful, rate this answer. Thank you.

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