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Offices in Dallas (Main Office) & Houston, Texas

Transferring from H-1B to H-4 when on maternity leave – 11/29/2017

Question: My wife is on H-1B visa. She has been on extended maternity leave. Now we want to convert her to H-4 as there is no project. Her Employer is not ready to do that. We want to travel urgently to India in December . I want to ask if she can get H-4 stamped (I am on H-1B) while coming back without any recent pay stubs for her H-1B? Is there any risk?

Answer: A successful stamping will depend on how long your wife has been out of status without pay stubs. Either way, the situation is concerning and she should move to change it as soon as possible.