Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Urgent:H1 to H4 issue

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Urgent:H1 to H4 issue

    Hi

    I am on H1 visa working full time.My wife came on H4 in Oct 2006 Her H4 got stamped with my previous employer and is valid till oct 2009.In 2007 she applied for H1 in US and got approved. But her employer didn't find her job and now he applied for her H1 cancellation. Now can she stay in US on H4 or is there any process to bring her status back to H4.

    Please help me in this situation.

  • #2
    She has been out of status for more than 180 days. As she did not gather unauthorized stay past the I-94 dates, it might be some relief. Talk to an attorney. It will cause problems during Gc.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b
      She has been out of status for more than 180 days. As she did not gather unauthorized stay past the I-94 dates, it might be some relief. Talk to an attorney. It will cause problems during Gc.

      Hi

      Thank you for the response. But can you please explain me clearly about the situation.

      Comment


      • #4
        Originally posted by divakarganni
        Hi

        But can you please explain me clearly about the situation.
        The situation is bad for future stamping, Green card etc as she is supposed to be working and getting paid on day 1 the status changes to H1b. That is the law and no work/no pay = No Status.

        This has to be mentioned in future visa applications and if misrepresented and found out later during GC/visa approval can result in a permanent ban.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b
          She has been out of status for more than 180 days. As she did not gather unauthorized stay past the I-94 dates, it might be some relief. Talk to an attorney. It will cause problems during Gc.

          Hi

          Thanks once again.

          But can u please tell me ,what is the best that i can do from my side.

          Comment


          • #6
            Complain against the employer to DOL and get paid to re-instate the lost status, if you are asking my opinion. Consult an attorney.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Some employers request payment for taxes in order to generate paystubs for the period of unemployment. Do not agree to this!

              Comment

              Working...
              X