H1B - H4 questions

V

visu Venkat

Registered Users (C)
Hi,
I am on H1 and my wife came into US on H4. She applied for her H1B last year and got it approved. Since the H1 got approved, I didn’t renew her H4 that expired in Nov’08. She got her SSN as well in November.
Now, as per the market situation, I am not sure how long does it take to her job. I am also afraid that she can not stay on H1B without being paid…
Is it possible for her to convert to H4 and come back to H1B when she gets a job?
In such a case, what happens to the H1? Would that be still available?
I was told that she can be "Leave of absence" for some time. Is that true? How long could some one take this leave of absence?
My green card is at final stage with EAD at hand and 485 pending. Does my wife's H1-H4 issue effect mine or her's (based on my GC) be effected?
Thanks,
Visu.
 
visu Venkat said:
Hi,
I am on H1 and my wife came into US on H4.
She applied for her H1B last year and got it approved.
Since the H1 got approved, I didn’t renew her H4 that expired in Nov’08. She got her SSN as well in November.
-------------------- Her H1 got approved last year. did she join employer on H1 status? did she got paid on H1 status? Is she working on H1 status at this time?
Now, as per the market situation, I am not sure how long does it take to her job. I am also afraid that she can not stay on H1B without being paid…
------------------- if she is not being paid by employer she may be out of status.
Is it possible for her to convert to H4 and come back to H1B when she gets a job?
--------------she can be on H4. she can go out of US get H4 visa stamp and enter on H4 status OR she can file H1 to H4 change of status in US with USCIS ( if she is out of status USCIS may not approve COS)
In such a case, what happens to the H1? Would that be still available?
--------------once enter US on H4 or she file H1 to H4 COS and COS gets approved H1 is gone.
I was told that she can be "Leave of absence" for some time. Is that true? How long could some one take this leave of absence?
My green card is at final stage with EAD at hand and 485 pending. Does my wife's H1-H4 issue effect mine or her's (based on my GC) be effected?
----------------- Did she also file her Derivative I-485 or only your I-485 is pending? If she also filed her I-485 with your I-485 and you both were in status then no problem due her H4 or her H1status.
Thanks,
Visu.
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