Can i File 140 Now??? !!!!!!

G

gcsundar

Registered Users (C)
I got LC cleared...

But My Wife
1) Was in H4 and it is still valid up to Dec 2003
2) She got her H1 in Nov 2002 but she never start or stamp the new H1 in her passport.

Now what is her status ?

Is she in H1 or H4?
Can i file 140 now?
Please can you advice me what i suppose to do at this situation...

Thanks in advance
Sundar
 
Originally posted by gcsundar
I got LC cleared...

But My Wife
1) Was in H4 and it is still valid up to Dec 2003
2) She got her H1 in Nov 2002 but she never start or stamp the new H1 in her passport.

Now what is her status ?

Is she in H1 or H4?
Can i file 140 now?
Please can you advice me what i suppose to do at this situation...

Thanks in advance
Sundar
Click to expand...

Your wife is out of status because she did not fulfil the requirements of her H1 by not begining her employment and by not changing back to H4 once she decided not to pursue the job.
Her first H4 terminated the day her H1 was approved.
I am not sure from what day she is considered out of status but it will probably be 0-90 days after her H1 approval.

Your LC or I-140 has nothing to do with her status but she might be subject to 3 year/10 year bar if her out of status period is 180 days/1 year.
YOU NEED TO CONSULT A GOOD IMMIGRATION ATTORNEY IMEDIATELY. DO IT RIGHT AWAY!
 
Thanks for your time and reply,


My lawyer gave me the following options to bring my wife in status

1) To go to Canada or Maxico and come back with new I-94 ( He said there might be a risk in this ). Can i take this risk?

2) Go to india and apply for new H4 and come ..Can i do this?

3) My wife's employer is ready to give the work and run the pay check for May(that is with in 180 days).
but my lawyer needs the pay check from with in 60 days that is over now.. Can i get the paycheck now?

4) Can i file 140/CP for both of us now?

5) Can i go for 140/485 for both of us?

6) Can my self-file for 140/485 and my wife 140/CP


At this situation what is my priority and what are all my options. I am kind of totally lost how to bring my wife in status and proceed my GC.

Thanks in advance for all you help and advice
 
You must log in or register to reply here.
Top