Apply 485 and EAD when wife is on H1 status and not working yet

[vijaymanand]

I have transferred my wife's H4 to H1 thru company A. She has not yet started to work.

My question is wether her H4 will be still active or cancelled.

If I cancel her H1 , can she continue to be in her old H4 status which is valid until 2008 oct.

If I am going to apply EAD and 485 , which status can I use (H1 or H4) is better.

Pl note even though her H1 is approved , she has not yet started to work and has no payslips or W2.

Pl suggest me

Thanks in Advance..

 

[TheRealCanadian]

I have transferred my wife's H4 to H1 thru company A. She has not yet started to work.

You mean she and company A did. Unless you own company A, you're not a party to the transaction (and if you do own company A, you have bigger issues.)

My question is wether her H4 will be still active or cancelled.

Her status, or her visa stamp?

If I cancel her H1

Why do believe you can cancel her H-1?

can she continue to be in her old H4 status which is valid until 2008 oct.

Not unless she files an I-539 to go back to H-4 status, but if she has no paystubs USCIS may request them and then deny the COS.

If I am going to apply EAD and 485 , which status can I use (H1 or H4) is better.

You really seem to have issues separating yourself from your wife. I suppose that means the marriage is close. Are you referring to yourself, or your wife? Does she intend to work?

Pl note even though her H1 is approved , she has not yet started to work and has no payslips or W2.

She's most likely out of status. How long ago was the H-1 approved.