H4-H1-H4 - Need urgent Help

V

vkc123

Registered Users (C)
My wife came to the US on a H4 visa. She has valid stamping till Mar 2005.

On June 3rd her H4-H1 COS was applied and approved on June 8th.

Around the same time my H1 was amended and hence her H4 extension was also filed on June 9th and approved on June 14th.

She applied for an SSN on Oct 1st 2004 and got it, but then decided not to join her employer as he was not able to get her projects and has refused to give her pay stubs.

Is she Out-of-status ? or is she on a H4 as her H4 extension was after the H1 was approved but not valid.

Any help is appreciated. I need to know what can be done to resolve this.

Thanks,
:confused: Nervous visa holder.
 
exacly same situation - looking for an answer

Hi,

I have exactly the same situation. H4 - H1 - H4. Adding to that i am going to apply for my I140 / I485 [GC]. Can some body please suggest how should i declare her status in my GC. H4 or H1. Please remember that she does not have pay stubs as she did not work on H1.

Also does her work / visa status has any bearing on my H1. i mean to ask do i need bother to submit her pay slips in case i add her as H1 to my GC.

Thanks in advance,
Kishore.
 
Important update on my case. I got the dates a little mixed up.

My wife's H1 was applied on May 27,2004 and approved on Jun 7th,2004 . validity Oct 1 2004 - Sep - 2007

Her H4-extension was applied on Jun 3rd 2004 and approved on Jun 9th 2004 valid till Mar 26,2005.

Also she applied for SSN on Oct 1st ,2004 and recieved it on Nov 20th 2004.

Can she stay on H4 and be in status or is she considered out-of-status.

I am ready to apply for my 7th year extension in Jan and would like to extend my wife's H4 along with it. Do I have to apply for a COS for her before the extension ? or does the last action rule apply here.

Please help to resolve the situation. I am kind of nervous regarding her status ?
 
Hi VK123

Your wife cannot have an H-4 extension , She has to have a COS from H1- H4 and not extension of H-4
 
Will she be considered out-of-status since she doesnot have any paystubs and never took the job.
 
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