H1B and Taxes

S

sd1248

New Member
Myself and my wife are on H1B. Currently I am on project and my wife is caring for my daughter for last one year so she does not have a paystub. Her employer has not cancelled her H1B and is ready to bring back her on payroll whenever she gets a project. Will there be any problem on maintaining her H1B status if she does not have paystub for one year, Jan to Dec? If she gets a paystub for Dec., (one in the whole year) will it make any difference? Will this have any effect on GC processing? Her LC has passed state level and is pending at federal level.

Thanks in advance.
 
Having a paystub clearly shows the INS that you have maintained your status. She will probably have a few problems during the I-140 and I-485 stage when she must show tax returns and the fact that she has no income will raise a white flag. When she went on bench did you change her status to H-4 because that would have been the correct thing to do.
 
Having a paystub clearly shows the INS that you have maintained your status. She will probably have a few problems during the I-140 and I-485 stage when she must show tax returns and the fact that she has no income will raise a white flag. When she went on bench did you change her status to H-4 because that would have been the correct thing to do



Hi,"sixwalks" I also find my self in similar position can you tell us where to file H4 for my spouse and the fees and time involved?

and also if in mean time she gets a project does she need to file a new H1 petiton or the OLD H1 would be valid?
 
You can file the H-4 application with the Vermont Service Center. Once she files the change of status from H-4 to H-1 technically her former employer should cancel her H-1B petition. If they do not and she rejoins that company she can continue to work on the old company visa. If you need assistance with filing the H-4 application let me know. sixwalks@yahoo.com
 
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