By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: My wife has been in U.S. for six months on H-1 and is going back to India. In India, if she applies for H-4, will it be necessary to carry any paystubs generated during her stay in US on H-1? Is there a possibility that the consulate might demand for her W2 and paystubs before stamping her H-4 visa?
Spar & Bernstein: The cardinal rule in visas is that consulates can ask for pretty much anything. If they do ask for proof of H-1 employment or pay stubs and you do not have it, the H-4 still cannot be denied. The fact that one has been out of status is no bar to the grant of an H-4 visa.
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