Risk involved for every strategy:
1. file COS with USCIS: You do need a recent paycheck from your boss in most "change of status from H1" cases. When you can't respond to the RFE asking for paystubs, your out-of-status will be on computer record in a US agency all over the world.
2. Get H4 visa stamp in China after turning in your unexpired H1 I-94 when you leave US. Hoping that VO in China won't ask for the paystubs. May have better chance here because you do not have out-of-status on any record at this point and VO's visa decision based more on interview interaction than any documentation. When you succeed, you can re-enter US and start a valid H4 status.
3. wait until your hu*****and naturalized. It may take at least 8 years or more than 10 years in your case. And you cannot get caught and have removal procedure on you during all these period, otherwise even after hu*****and becomes a citizen, you still have to get a hardship waiver before an immigration judge.
1. file COS with USCIS: You do need a recent paycheck from your boss in most "change of status from H1" cases. When you can't respond to the RFE asking for paystubs, your out-of-status will be on computer record in a US agency all over the world.
2. Get H4 visa stamp in China after turning in your unexpired H1 I-94 when you leave US. Hoping that VO in China won't ask for the paystubs. May have better chance here because you do not have out-of-status on any record at this point and VO's visa decision based more on interview interaction than any documentation. When you succeed, you can re-enter US and start a valid H4 status.
3. wait until your hu*****and naturalized. It may take at least 8 years or more than 10 years in your case. And you cannot get caught and have removal procedure on you during all these period, otherwise even after hu*****and becomes a citizen, you still have to get a hardship waiver before an immigration judge.
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