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H4->H1 Mess: Please help us

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  • H4->H1 Mess: Please help us

    I need help with my situation.

    My wife has applied for a H1 (from H4) and got approved as of Oct-2000.
    The company (employer) which did her H1, is not paying her and has not even provided
    her H1 approval notice or any filings so far. Also her company is not
    actively finding a client (almost no client base). She has H4 visa stamp
    on her passport valid till April 2001. (same as my H1 6 yrs expiring in
    April 2001 - another 4 months). She has requested several times to
    allow her to go to H1 stamping (like mexico, canada), which the company
    has not responded in the last 15 times we requested.

    My situation is I am on H1 (6 yr expiring in Apr-2001). Accoring to new rules I can
    extend H1 (i think H4 as well) for 1 year more. My EB3 labor was filed in oct-1999
    and my i-140 is approved. At present we are waiting priority dates to become

    Ending 2000 (tax year) she will not have any tax filings or any H1 related papers.

    My questions are
    1. How can she come back to H4 status. Can she fly to a place such Canada, or someplace,
    and come back on H4 (with her existing passport H4 visa stamp). And get new I-94
    while flying back into US. Will this cause any problems while entering.

    2. She has not signed any agreement with the company. They dont seem to be help
    in any of the H1 stamp or any matter for her. If she continue, without pay + having no
    H1, etc. What kind of problems may arise at the time of 485 adjustment (using my gc process).

    What is a good solution. I would like to know you or you know had been in similar situation.
    ANy suggestion or any help is appreciated.

    Thanks in advance

    Please help us


  • #2
    It is your wife's company problem, not INS.

    1) There is a new I94 attached with her H1B approval notice. She is supposed to use this I94 when she is in/out US. The board control will know her is in H1 status according to their computer. They may ask to see her I94 if you drive in/out US. Or they may ask to see her approval notice or latest pay stub in order to issue a new I94 for her if you travel by air. Either cases, she may have troubles when she re-enter US.
    2) To keep H1 status needs to be paid (i.e. pay stubs as proof). Otherwise, it is hard to keep H1 status. Your wife is risking violation of status if she does not go to work and does not give up her H1 status. So it may cause trouble when you apply GC later. Reverse back to H4 is not automatic, even it is simple to do. You need to file application for her.

    After all these bad news, the good one is that her company can not hold her H1 approval notice, especially her new I94 attached. It is your wife's right to have her new I94. But this only solves half the problem. Without pay, she is still hard to keep her H1 status.



    • #3
      Same here..can u give me ur contact info

      Same condition is with me regarding H4.Can you please let me know your email address or phone number so that we can discuss that how you have handled this situation.


      • #4

        Please give me your phone no . I am also in the same status. So i need to know how you came out of this [email protected]


        • #5
          I am also in the same status

          Did you guys figure out the way out?

          Please post your findings. Mean while I am talking my attorney and will post once I hear any suggestion from him.