GC holder trying to get H1B stamping for the wife

D

Desi4ever

Registered Users (C)
Hello All,

I'm a LPR since Oct 2004 and I got married after I got my green card. My wife was lucky to get a visitor visa and ended up converting to H1-B in Oct 2005. She has not left the country ever since and now wants to go to India for a visit. She does not have a H1-B stamp yet on her passport.

My wife got a visitor visa when she was not married to me and used that to enter the US. But when she entered the US she was married to me and we came separately in different lines for immigration where we she was just questioned about duration of stay and things like that. She was given a 6 month duration and she converted to H1-B. She is currently on an exteneded maternity leave.


The problem is that she is not working since November 2007 and does not have recent paystubs.



1) How easy or difficult is to get H1-B stamping of a wife of LPR ?
2) Will old pay stubs ( as old as November 2007 ) and letter of employment work for getting H1-B stamping ?
3) My I-485 was approved in October 04 and I received my card only in Dec 04. So technically when does one become an LPR ? When he get his physical card or when the I-485 is approved ?


Thanks in advance

Jai
 
Sounds like a pretty clear case of immigration fraud. There is a good chance she will be accused of entering with the intent to stay in the US, which could earn her a lifetime bar if she tries to get the visa abroad. Get some professional legal advise before she leaves the US.
 
Desi4ever said:
Hello All,

I'm a LPR since Oct 2004 and I got married after I got my green card. My wife was lucky to get a visitor visa and ended up converting to H1-B in Oct 2005. She has not left the country ever since and now wants to go to India for a visit. She does not have a H1-B stamp yet on her passport.

My wife got a visitor visa when she was not married to me and used that to enter the US. But when she entered the US she was married to me and we came separately in different lines for immigration where we she was just questioned about duration of stay and things like that. She was given a 6 month duration and she converted to H1-B. She is currently on an exteneded maternity leave.


The problem is that she is not working since November 2007 and does not have recent paystubs.



1) How easy or difficult is to get H1-B stamping of a wife of LPR ?
2) Will old pay stubs ( as old as November 2007 ) and letter of employment work for getting H1-B stamping ?
3) My I-485 was approved in October 04 and I received my card only in Dec 04. So technically when does one become an LPR ? When he get his physical card or when the I-485 is approved ?


Thanks in advance

Jai
Click to expand...

At the time she quite the job, mostly she is not H anymore (even if the H form is still not expired). The employer should report termination of the H to the USCIS unless there is some arrangement with the employer regarding maternity leave and she is still H. She can not get stamp overseas and in case she get it (in case the employer did not report termination to the USCIS) the chance to be admitted is very low because she is not actually an H. You should be out of the loop with your GC now and seek how to fix her imigration status before she leave the country
 
Were you both engaged to each other when she applied for her visit visa?
If so, did she mention you on her DS-156? After how many days on her B-2 did she apply for COS to H-1B?

Desi4ever said:
My wife got a visitor visa when she was not married to me and used that to enter the US. But when she entered the US she was married to me and we came separately in different lines for immigration where we she was just questioned about duration of stay and things like that. She was given a 6 month duration and she converted to H1-B. She is currently on an exteneded maternity leave.
Click to expand...
 
Were you both engaged to each other when she applied for her visit visa?
If so, did she mention you on her DS-156? After how many days on her B-2 did she apply for COS to H-1B?

No. We were not engaged at the time she got her B2 visa and thus she didnt mention on her DS-156. She applied for change of status after after six months and was approved for H1-B before her B2 I94 expired.
 
Desi4ever said:
My wife got a visitor visa when she was not married to me and used that to enter the US. But when she entered the US she was married to me and we came separately in different lines for immigration where we she was just questioned about duration of stay and things like that.
Click to expand...
Please clarify. When she entered with her B-2, was she married to you at the time? The first sentence makes it seem she wasn't, but the next sentence makes it seem that she was.
 
Last edited by a moderator:
You will be eligible to become a US citizen in Oct 2009 or so.

WAIT until then and file a petition for her as spouse of USC.

Everything else is shaky.

1) She will likely NOT get H1B stamped because of paystubs that are so old
2) The validity of H1 might be in question
 
Thank you all for the replies.

When she got B2 she was not married or engaged to me. After we got married she used the B2 visa to come to US and converted her status to H1-B before her B2 I-94 expired. She is now on an extended maternity leave. She can go back and join her present employer who is willing to place her and she can be on payroll again. So I guess inspite of this its kind of risky for her to get the visa stamped.

Regards
Jai
 
Definitively talk to an attorney before you file anything. Even for spouses of US citizens USCIS only forgives overstay/unlawful presence, but NOT immigration fraud. For the latter the I-601 waiver is very difficult to obtain. A good lawyer can help you sort this out.
 
Was she asked any question with regards to her martial status when she was seeking entry on her visitor's visa?

No. All she was asked was how long she wanted to stay in the US and how much money does she have.
 
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