H1 - H4 Very Urgent Pls Help

sreepal05

New Member
Hi,

My wife switched her visa status from H4 to H1B but never worked on H1B.
Now I'm planning to file a H4 for her . On the I-539 form , details about my wife's employment are asked(like job title, description, employer details ,salaryetc) and it is asked whether she was working after the last arrival or change of status?She has NO paystubs.
should she have to say "Yes" and give the details saying that she was employed otherwise INS will consider her "Out of status"?

Also her employer says that he will not aupport her H1B anymore and he needs to inform INS that she is not under any of their projects.

So in this situation, when my wife applies for H4 and in the meanwhile her employer informs INS that she was not in any projects, will that cause any problem.

Do they ask for paystubs for H1-H4 conversion?

Pls advice on what could be done.

Thank you very much.
 
Hi,

Being on H1 and being unemployed is considered as an illegal stay if she has been unemployed for more than 90 days. How long was she on h1? If she was on H1 and not on project for less than 90 days, then she should be fine. Otherwise it's advisable for her to continue on H1 and find a project asap.

Note: The above is based on my limited knowledge. Please consult a lawyer if you want expert advice.
 
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