Can you guys please answer????

C

coolcat3

Registered Users (C)
Hi GURUS,

I have one question to ask??? My wife changed her status from H4 to H1 in january 2001,because of slowdown in market she did not get a job.Now she applied for back to H4 in december2001.Her H4 is still valid till April 2003.Now we got her SRC for new H4.

1.Next month I am planning to apply for 485,does my wifes switching of visas cause any problem for our I485.

2.Can she get her passport stamped in USA without leaving country?

3.When I am filing 485,can i mention her status as H4 based on the SRC number.

Thanks
 
Can anyone please answer this?????

Hi GURUS,

I have one question to ask??? My wife changed her status from H4 to H1 in january 2001,because of slowdown in market she did not get a job.Now she applied for back to H4 in december2001.Her H4 is still valid till April 2003.Now we got her SRC for new H4.

1.Next month I am planning to apply for 485,does my wifes switching of visas cause any problem for our I485.

2.Can she get her passport stamped in USA without leaving country?

3.When I am filing 485,can i mention her status as H4 based on the SRC number.

Thanks
 
H4-H1-H4

I am not a lawyer, but I have a few questions and a comment.
What do you imply by saying that your wife changed her ststus to H1--did she work for the petitioning employer and draw a salary at all? Did she fill up a I-9 verifying eligibility for employment?
If she has not drawn a salary at all, in my humble opinion, her H1 status was never activated--she continued to be in H4 status.
For 485 all she has to prove is that she has been in valid status all along--and if she has fallen out of status, 245(i) may be applicable--the facts have to be on the table first!
 
No Title

1.Next month I am planning to apply for 485,does my wifes switching of visas cause any problem for our I485.

My opinion: No problem if she has not gone out of status. Even if she was out of status she can pay a fine of $1000 when applying for 485. Check with a lawyer.

2.Can she get her passport stamped in USA without leaving country?
Yes you can if the validity of current stamp in her passport is not
over for more than 6 months. I assume that it is her H4 Visa stamp that she got when she came to US. Just send the orginal passport, a letter from your current employer and latest H4 extension.it will take 6 to 8 weeks. Check this url for more details. http://travel.state.gov/revals.html

3.When I am filing 485,can i mention her status as H4 based on the SRC number.
Please check with a lawyer.
In my opinion its better to apply for 485 after getting H4 extension approval from INS.so that you will have her I 94 which is the document that proves her status.
 
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