Q: - Arrived in the United States on an H4 visa in 2022. - Transitioned to an H1-B visa in October 2022, although

A: The discrepancy between your 2023 W2 earnings and the LCA wage of $80,000 may raise questions regarding compliance with H1-B visa requirements. The Department of Labor mandates that H1-B visa holders be paid at least the wage specified in the LCA to prevent exploitation and ensure fair wages. If the reduced earnings were due to legitimate reasons such as unpaid maternity leave and reduced work hours, it's essential to document and explain these circumstances to immigration authorities, especially during visa renewals or status adjustments, to avoid implications on your H1-B status.

Transitioning back to an H4 visa and applying for an Employment Authorization Document (EAD) is a feasible option, especially for those seeking flexibility due to personal circumstances. The discrepancy in your W2 earnings as an H1-B holder should not directly affect your eligibility for an H4 visa and EAD, provided you comply with all the requirements for the H4 status. It's important, however, to prepare a clear explanation of any discrepancies in your employment history and wages if asked during the application process.

Regarding eligibility for drop box and visa stamping, having previously been stamped with an H4 visa and then transitioning to H1-B status may not complicate your ability to obtain a new visa stamp. Eligibility for drop box processing depends on specific criteria, including your previous visa category and whether you are applying for the same visa category. Given the changes in your visa status and the reasons for transitioning between visa types, ensuring all documentation is accurate and up-to-date will be crucial in avoiding complications during the stamping process.