Am I out of status

[amani]

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.

 

[North&South]

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.)

 

[gp111]

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 !

 

[amani]

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.

 

[gp111]

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 !

 

[gp111]

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