Am I out of status

A

amani

Registered Users (C)
I entered US on H4 which has valid I-94 till Aug 2003. Last year I changed to H1 with new I-94 till May 2005, didn't get stamped in passport, but never worked till now.

So am I out of status as I haven't worked at all? Does it pose any problem to green card filled based on my husband's job.

Can I stay till the end of new I-94(May 2005) without working or changing back to H4, and still be in status.


Thanks a lot.
 
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Currently your status is H-4. Though got your H1-B, since you didnot use it, you are "not" considered to be on work status merely by having an H1-B approval.

You have 2 options:
1. Either file for H4 based on your spouses H1-B
2. Start working for the employer who sponcered your H1-B. Your status will become H1-B automatically (If you travel to your home country, you will need to get your passport stamped with H1-B in this case to continue working with your H1-B sponcering company.)
 
You have no problem getting Green Card thru your Husband.. Just get your H4 renewed with extension of your Husband's H1 & you are all set !
 
Thank you for the replies

My husband's H1 goes to extension in March 2004, and he will have to file I-140/I-485 sometime in November 2003, which means I cant go for H4 extension before filing I-140/I-485. Or should we again apply for H4 on his present H1. Will there be any problem if we file I-140/I-485 with H1, never on payrole.
 
Just Get New H4 Approval on basis of current H1, which will be valid up to the H1 validity period..

If You are applying for I-140 in Nov, you should get EAD by MAR 04 so further extension not required !
 
Forfitting your current H1 & going back to H4 is very easy process, Just one form (I-579 or something like that)... You will get approval in 15 days
 
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