Complicate status when apply I485

A

alicia

Registered Users (C)
I was H4 when I came to US in 2000, then I transfered to H1 and began to apply the GC. Last May my husband changed his job, at that time I had not project and my company let me signed the leave for absence, of course no money. I was afraid to be laid off so my husband filed my H4 by his company. The lawyer told us coz I didn\'t file with his H1, it will cost at least 8 months, which is good for us. Then later I got one project and began to work again. But things are ridiculous coz my H4 was approved in no more than 2 months. I don\'t know things are serious till when I filed I485 my lawyer found my current status became H4. Since my project finished again, so there is no ilegal work problem, yet I have to file my I485 with my H4 status.
Now I sent out the I485 application and reapplied the H1, just got the H1 file number today. It is so messy, and I am on bench again.
I am totally confused, now I believe only god can help me to go thru that.
Anyone get some idea?
 
H4 status apply for I485

I was H4 when I came to US in 2000, then I transfered to H1 and began to apply the GC. Last May my husband changed his job, at that time I had not project and my company let me signed the leave for absence, of course no money. I was afraid to be laid off so my husband filed my H4 by his company. The lawyer told us coz I didn\'t file with his H1, it will cost at least 8 months, which is good for us. Then later I got one project and began to work again. But things are ridiculous coz my H4 was approved in no more than 2 months. I don\'t know things are serious till when I filed I485 my lawyer found my current status became H4. Since my project finished again, so there is no ilegal work problem, yet I have to file my I485 with my H4 status.
Now I sent out the I485 application and reapplied the H1, just got the H1 file number today. It is so messy, and I am on bench again.
I am totally confused, now I believe only god can help me to go thru that.
Anyone get some idea?
 
You are ok as you are not PRIMARY APPLICANT

Please understand getting a h1 approval doesnot mean yu are on h1.
only once yu start a job and get pay stub on that visa yu are considered working on h1. So in yur case as i see yu got h1b approved but no work done. so yu still continue with H4

So as of today yu are in H4. Also note that even if at any stage yu have gone out of status yu can come over that by paying a heafty penalty of 1000 to INS.

So dont worry and relax.
 
Then you are screwed..

You are definitely in trouble. Who in earth gave you the advice to switch to H4 in the midst of your i-485 application? consult a good attorney.
 
Look into 245i

You may be able to file under 245i. A person changes to H-1 (or any other status for that matter) when INS issues an I-94 indicating the change. Not working does not mean that you were not in H-1 status, it only means that you were not properly maintaining your H-1 status.

Jim
 
It is more screwed if not maintaining status

In official terms, it means "out of status"
 
Looks like you are from...

Hey Myladoor,
It looks like you are from Palai, Kerala..You way of answering shows that you got \'intimate trainign from the town I mentioned , it not the suburbs of it.
 
What was so funny?

What the hell was so funny in the reply. May be, you have not yet been in the US long enough to understand the usage of screwed. It is used to convey "...you are in trouble...". There was nothing offensive about it. Anyways, your comments hardly matters to me but keep the f*&$ing observation to yourself.
 
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