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taxhelpseeker · Apr 16, 2009, 08:25 AM

Hello,

I am on H1B visa here in US. I changed my employer in Dec 2008 but till now I have not got any project and so I do not have any pay stubs with me. My wife is on F1 visa. Now my employer is asking me to go back to India and he is planning to cancel my H1.

If I get a project here in US from India and If my H1 is canceled, will it be possible for me to transfer my H1 while I am in India to a new employer.

My employer suggested me that I come back to US on F2 visa as a dependent and then transfer it to H1. Is it feasible or possible at all?

Regards,
Rahul Gupta

lawanwadee · Apr 19, 2009, 06:34 PM

If H-1 has been canceled, you cannot file for a transfer. You have to start over..

If you are on F-2 but later got selected H-1, you can file for change of status as long as no violations on your record, i.e. overstay, etc.

taxhelpseeker · Apr 19, 2009, 07:47 PM

Thanks a lot for your reply. Actually I have got my H1 in 2007 and I never applied for F2. Now since I do not have my pay stubs from the last 4 months, can I file for F2 or it might get rejected? Also suppose I go back to India and mean while my employer here files for my H1 cancellation, can I come on F2 and then apply for H1 transfer.
Please let me know. I need to know this before moving. Thanks again.

Regards,
Rahul

lawanwadee · Apr 19, 2009, 08:05 PM

F-2 has nothing to do with your previous visa or pay stubs. As long as F-1 is valid, and you can prove the relationship is genuine (legally married), there will be no problem. Good luck.

taxhelpseeker · Apr 19, 2009, 08:09 PM

Thanks. It really helped a lot to me.