H4 or H1???

[cgf2002]

My wife was in H4 status. One company sponsorred her to file
H1 using premium processing, and it was approved. Because of
certain reason, she cannot start to work immediately. Now my
question is:

What is her status now? H4 or H1? If she doesn't work for that
company using H1, is she still in H4 status?

Thanks for your post.

 

[jaxen]

The new i94 that came with h1 approval most probably supercedes her current status. This is a grey area.(about 10% grey, not much)

She can withdraw H1 (send a letter to INS) or visit a nearest POE and get a new H4 I94 , to be on the safer side. If she has desire to work or finds a job (even with the same employer) she has to do a h4 to h1 again.

 

[cgf2002]

Jaxen, thank you for your post.

She just received EAD card after our I-485 filing. If she does not do anything, does she have any status problem or is there any effect on our I-485? Thanks.