H1B out of status issue

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crazy_apple

Registered Users (C)
Hello friends, I wanted to get your input on my wife's current case status.

My wife was working for Company A on H1 status since 2003. In early 2005, she went on maternity leave and after her leave got over, decided to not go back to work. She gave a notice to her employer in May 2005 and since then her employer did not cancel the H1. Its been about 3 months now and she is still having her H1, but no paystubs or proof of current employment. A new company B has given her an offer and the company lawyers have informed us that she is legally out of status and will most likely have to go out of the US to get a new H1/I-94 stamped in her passport in order to return and work. The company lawyers also mentioned that regardless of what status she converts to - H1 to another H1 or H1 to H4, she will have the same legal issues.

Has anyone else experienced this situation? Can someone recommend other options?
 
crazy_apple said:
Hello friends, I wanted to get your input on my wife's current case status.

My wife was working for Company A on H1 status since 2003. In early 2005, she went on maternity leave and after her leave got over, decided to not go back to work. She gave a notice to her employer in May 2005 and since then her employer did not cancel the H1. Its been about 3 months now and she is still having her H1, but no paystubs or proof of current employment. A new company B has given her an offer and the company lawyers have informed us that she is legally out of status and will most likely have to go out of the US to get a new H1/I-94 stamped in her passport in order to return and work. The company lawyers also mentioned that regardless of what status she converts to - H1 to another H1 or H1 to H4, she will have the same legal issues.

Has anyone else experienced this situation? Can someone recommend other options?
Click to expand...

Only option is to conver ther h1 to h4 immediately. Rest after H4 approval.
 
Thanks for the message great_guru. I was also thinking of doing the same - converting my wife's status from h1 to h4. I am planning to efile on my own using the online application of I-539. Any pitfalls I should be concerned about?

Based on the case history, can the h4 application be denied? What are the options then?
 
crazy_apple said:
Thanks for the message great_guru. I was also thinking of doing the same - converting my wife's status from h1 to h4. I am planning to efile on my own using the online application of I-539. Any pitfalls I should be concerned about?

Based on the case history, can the h4 application be denied? What are the options then?
Click to expand...

Mostly not. Your spouse was on long leave 3+ months, now she decided to quit.
 
crazy_apple said:
Hello friends, I wanted to get your input on my wife's current case status.

My wife was working for Company A on H1 status since 2003. In early 2005, she went on maternity leave and after her leave got over, decided to not go back to work. She gave a notice to her employer in May 2005 and since then her employer did not cancel the H1. Its been about 3 months now and she is still having her H1, but no paystubs or proof of current employment. A new company B has given her an offer and the company lawyers have informed us that she is legally out of status and will most likely have to go out of the US to get a new H1/I-94 stamped in her passport in order to return and work. The company lawyers also mentioned that regardless of what status she converts to - H1 to another H1 or H1 to H4, she will have the same legal issues.
--------- I agree with lawyer , as she gave notice to employer 3 months back it makes her out of status (may be USCIS dont discover it and approve her H1 to H4, risk is that if her H1 to H4 gets denied and her I-94 also gets expired) I think one can take 12 work weeks of unpaid leave during any 12-month period leave (serach for FMLA)
http://www.dol.gov/asp/programs/guide/fmla.htm

Has anyone else experienced this situation? Can someone recommend other options?
Click to expand...
 
Thanks for the information great_guru and ginnu. This helps. Since my wife quit her job in mid-May 2005 and since then has been on the H1 that her company did not cancel, she technically is out of status.

I just filed the H1 to H4 conversion using BCIS E-File and am wondering what supporting documents to send apart from my H1 and my proof of employment. Should I send in my wife last pay checks until May...?? Or should I just send her H1 copy and thats it? Please let me know.
 
Friends, sorry for the multiple postings - but can you also tell me how long does it take to get the H4 approval once it has been efiled and all the supporting documents have been sent. Thank you for all the inputs.
 
crazy_apple said:
Thanks for the information great_guru and ginnu. This helps. Since my wife quit her job in mid-May 2005 and since then has been on the H1 that her company did not cancel, she technically is out of status.

I just filed the H1 to H4 conversion using BCIS E-File and am wondering what supporting documents to send apart from my H1 and my proof of employment. Should I send in my wife last pay checks until May...?? Or should I just send her H1 copy and thats it? Please let me know.
Click to expand...

Do not send any pay stub for H4
 
H1B status with leave without pay letter

Guys,

got a funny scenario.

I came on an H1B thru a company A in march 05. ran into problems related with data entry by immigration at teh port of entry and took about 3 months to get my SS #.

after i got my ss# , a company B put an appln for h1B transfer to ins and i started working fro company B.company B had told me at time of joining that since u do not have paystubs u will have to go back and get the h1B restamped in our name. pls note i did not have pay stubs from company A. INS then came back asking fro paystubs in jul 05 .company B said they do not have paystubs. am waiting to hear back from ins at this point wrt this. in teh meantime my contract with teh client was terminated sinc ethey moved teh project to NC and company B asked me for a leave without pay letter till i find another contract. i gave them that letter. . now wat i want to know is for the period since jul 05 whne i gave them that letter wats my status in thsi country. was it legal. is my H1B still valid. or did it go invalid right whne i got laid off .

A quick reply will be much appreciated.
 
Friends,

Does one need to wait for getting the H4 approval internally or can you simply go out of the country and apply for a H4 visa at a consulate abroad? I do have a WAC number of the e-filed H1 to H4 application, but since it takes 3 to 4 months to get the approval, I am wondering if my wife can just apply for a H4 outside the US without getting the approval from BCIS here. Can you let me know?

Thanks!
 
nirukab said:
Guys,

got a funny scenario.

I came on an H1B thru a company A in march 05. ran into problems related with data entry by immigration at teh port of entry and took about 3 months to get my SS #.

after i got my ss# , a company B put an appln for h1B transfer to ins and i started working fro company B.company B had told me at time of joining that since u do not have paystubs u will have to go back and get the h1B restamped in our name. pls note i did not have pay stubs from company A. INS then came back asking fro paystubs in jul 05 .company B said they do not have paystubs. am waiting to hear back from ins at this point wrt this. in teh meantime my contract with teh client was terminated sinc ethey moved teh project to NC and company B asked me for a leave without pay letter till i find another contract. i gave them that letter. . now wat i want to know is for the period since jul 05 whne i gave them that letter wats my status in thsi country. was it legal. is my H1B still valid. or did it go invalid right whne i got laid off .

A quick reply will be much appreciated.
Click to expand...

Did you have any pay check form March 05.? If you do not have SSN# , still you can work but get your arrears pay once you get your SSN#.

If you do not have any pay check from March 05 to Aug 05, you are technically out of status.
 
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