H4 expired, new H1 approved

[MLIF1972]

Hi,

I have a unique case. My wife's H4 visa and I-94 expired on July 1 2005. My company's lawyer filed for my H1B transfer, but did not file her extension. She applied for H1B from the same company. She received an approved H1 and I94 in May 2005 (Valid from Oct 1 2005 onwards).

We were under the impression that since she had received an I-94, she is ok.Recently we were told that she is out of status since July 1, 2005 when her original H4 visa and I-94 expired.

1) Is she out of status? She received an I-94 with the H1B approval before the H4 and accompanying I-94 expired.
2) Does she need to go out of the country to get the H1B stamped, or can she start working on Oct 1 without leaving USA? If H1 needs to be stamped, can it be stamped in Canada?
3) What kind of questions should she expect at the consulate if she goes to get her H1 stamped?
4) If she decides not work on H1, what are the chances of transfer H1 to H4 immediately in first week of October without any paystubs? What if she can't find a contract, and stays on the bench - how can she transfer to H4 in Nov, for example, if she doesn't have paystubs?
5) If she DOES have paystubs for a month or two, can she convert to H4 while staying in USA?

Thanks in advance

 

[great guru]

Hi,

I have a unique case. My wife's H4 visa and I-94 expired on July 1 2005. My company's lawyer filed for my H1B transfer, but did not file her extension. She applied for H1B from the same company. She received an approved H1 and I94 in May 2005 (Valid from Oct 1 2005 onwards).

We were under the impression that since she had received an I-94, she is ok.Recently we were told that she is out of status since July 1, 2005 when her original H4 visa and I-94 expired.

1) Is she out of status? YES.

She received an I-94 with the H1B approval before the H4 and accompanying I-94 expired.


Your H1 I 94 validity is based on H4 I 94 continuity.
It is your responsibility be in status with your H4 by renewing it until your H1 is in effect.

Since you are not renewing it, you are out of status from July 1, 2005. Better go through a attorney and get your H4 extended up to Oct 1, atleast file the paprer immediately as a proof.

2) Does she need to go out of the country to get the H1B stamped, or can she start working on Oct 1 without leaving USA?

The break, out of status may creat problem in getting H1 visa stamped in future also affect I 485 stage too.
If H1 needs to be stamped, can it be stamped in Canada?
3) What kind of questions should she expect at the consulate if she goes to get her H1 stamped?
4) If she decides not work on H1, what are the chances of transfer H1 to H4 immediately in first week of October without any paystubs? What if she can't find a contract, and stays on the bench - how can she transfer to H4 in Nov, for example, if she doesn't have paystubs?
5) If she DOES have paystubs for a month or two, can she convert to H4 while staying in USA?

Thanks in advance