H1B to H4, then Back to H1B

Hi

I am currently on H1B visa and since I am on bench for 6 months now my employer has asked me to run paystubbs to maintain my status or go on my husbands dependent visa H4. We got married last december 2009 in US now I am planning to have a change of status to H4. I have following queries

1. what is the process of H1 to H4 transfer?

2. Do I need a recent paystubb for transferring my H1?

3. How long does it take to transfer from H1 to H4?

4. Will I have to go back to India and reenter on H4?

5. And how much is the fees?

6. Will I be able to work on H4 since I already have an SSN?


If i want to Transfer Back from H4 to H1-B again:

1. My H1B petition is valid till Oct 2010. Is it possible to change status to H1B again from H4 in case I find a new job?

2. Do my employer need to file a new petition altogether if I get a job. If same petition remains valid, is it possible to file for H1B transfer anytime before the petition expires.

3. Filing new petition will be affected by H1B cap? As I currently did my H1 B on Masters degree Quota, Will I be counted in a New Quota and which would it be general or Master Quota?

4. For the Time I am on H4 Visa, will that time be counted in my H1B of 6 years cap?

Please Advice.

Regards

1. You petition for change of status.

2. You don't need to be employed to go into H4 status. Are you asking if you'll be asked to prove that you're not already out of status? I would not suggest going out of status.

3. Check processing times here.

4. You can if you want to; but if you're in status you should be able to change your status.

5. The application fees are indicated on the USCIS site, along with the forms.

6. No.

As you would be going out of status on your H1B, you would need your new prospective employer to apply for a new H1B. If your past H1B employer was not cap-exempt, you've been counted against the cap for the duration of your original H1B. Going out of status doesn't extend the amount of time you've been counted against the cap.

Appreciate your quick response.

For # 2 : Are you asking if you'll be asked to prove that you're not already out of status?

Yes: I am asking whether will i be enquired during my H1 to H4 transfer to prove that i am not out of status by showing the recent paystubs as currently i am on bench for 6 months with no recent paystubs.

Please let me know.

Thank you.

HI Swetali,
I am also sailing in the same boat..
so you opted to go back in H4 and did stamping
or wht u are planning to do.
Pl share your views with us....... i am really tensed and confused on wht to do.
I have my attoreny's appointment today, lets see wht he says on this.

waiting for your reply
good luck

Ruta

Hi Swetali,
Even I am also in the same situation.
I am on bench without paystubs from past 6 months and know due to personal reasons i want to visit india. I want to know what are the options for me.
Is there any risk involved while re-entering US on H4 stamping ?
Please help!!!!
Regards,
Rasika