H4, H1 and I-485

[dsrinu]

Hi,
My wife was in USA on H4 for 3 years and she has a valid H4 visa until March 2006. A consulting company sponsored H1B visa for her and she got approved last week. But she is not going to work for the next 4-5 months as she is not going to have a project. And obviously, she is not going to get paid either. So, what visa is she in now?

She plans to travel to India in Dec and she has her H4 visa stamped. Can she enter on H4 visa? Does having H1B approved create any problem?

Adding to all this, I am going to apply for my I-140/I-485 this week. How is that going to effect the above scenario?

Your help will be greatly appreciated. Please suggest.

Thanks,
Srini

[immihelp]

She is still no H4. She can get it stamped.

GC processing will not have any impact on this.

[broadersoftware]

If she got an I94 with H1 , she is in H1 status as the status changed from H4. If the employer requested a consular notification then she will continue her H4 status. If she has the I94 and and not getting paid ..she is out of status.

If you are appying for I485 it will not have any effect as the USCIS will cover 180 days (out of status) so no worries.

This not a legal advice. Please use at your own risk or contact a legal professional.