H1 - H4 Very Urgent Pls Help

[sreepal05]

Hi,

My wife switched her visa status from H4 to H1B but never worked on H1B.
Now I'm planning to file a H4 for her . On the I-539 form , details about my wife's employment are asked(like job title, description, employer details ,salaryetc) and it is asked whether she was working after the last arrival or change of status?She has NO paystubs.
should she have to say "Yes" and give the details saying that she was employed otherwise INS will consider her "Out of status"?

Also her employer says that he will not aupport her H1B anymore and he needs to inform INS that she is not under any of their projects.

So in this situation, when my wife applies for H4 and in the meanwhile her employer informs INS that she was not in any projects, will that cause any problem.

Do they ask for paystubs for H1-H4 conversion?

Pls advice on what could be done.

Thank you very much.

[waitin_toolong]

It depends how long she has been out of status. She is "out of status" whether reported or not as she has not been paid at all.

I am sorry but I have to rant a little bit with all these unused spouse H1s that just waste a number. I think people need to think twice and then twice more before paying a consultant to sponsor the H1 that will not be used. There are so many people who can use those H1s.

Plus some brushing up the law is absolutely necessary, you cannot be on H1 and not be working or getting paid and still maintain the status. There are specific conditions like medical reasons, maternity, or agreed upon unpaid leave that allow this but nothing else like not finding a project, or just deciding that the work is too much etc.