H4 to H1 Conversion And Green Card

[kirangundurao]

Hi,

I am planning to get my wife on H4 and once she is in US, I am planning to get her H1 through a consultant. After she gets her H1, if she doesnt find a project will that affect my Green Card Processing?

Please help me in this regard

thanks

 

[Jaggy]

if she does not find a project then she will be violating her H1B status and if at a later stage when you get ready to file for I485 as long as you are not out of status for more than 180 days then you can file for I485 else there will be issues. Hope this helps. Hence it is always best that if you get her on H1B she gets paid regularly if she is not getting paid it is best to bring her back to H4 status. In short dont be out of status for even one day

 

[kirangundurao]

Thanks

Jaggy,

Thanks for the reply.

I wanted to know, if i am filing for green card and I have maintained the status and my wife is on H1 and due to some reason she is on bench and has not received pay check for couple of months, will that cause problem for me to file I-485 and add my wife as dependent and get the green card?

thanks

 

[Studious]

Jaggy,

Thanks for the reply.

I wanted to know, if i am filing for green card and I have maintained the status and my wife is on H1 and due to some reason she is on bench and has not received pay check for couple of months, will that cause problem for me to file I-485 and add my wife as dependent and get the green card?

thanks

Two months would be okay. I know many software consultants who were on bench for two or three months and still managed to get their GC.

 

[kirangundurao]

Thanks

Thanks Studious.