H4 to H1 - Mess - Please help us

mkiran

Registered Users (C)
Friends,
I need help with my situation.

My wife has applied for a H1 (from H4) and got approved as of Oct-2000.
The company (employer) which did her H1, is not paying her and has not even provided
her H1 approval notice or any filings so far. Also her company is not
actively finding a client (almost no client base). She has H4 visa stamp
on her passport valid till April 2001. (same as my H1 6 yrs expiring in
April 2001 - another 4 months). She has requested several times to
allow her to go to H1 stamping (like mexico, canada), which the company
has not responded in the last 15 times we requested.

My situation is I am on H1 (6 yr expiring in Apr-2001). Accoring to new rules I can
extend H1 (i think H4 as well) for 1 year more. My EB3 labor was filed in oct-1999
and my i-140 is approved. At present we are waiting priority dates to become
current.

Ending 2000 (tax year) she will not have any tax filings or any H1 related papers.

My questions are
1. How can she come back to H4 status. Can she fly to a place such Canada, or someplace,
and come back on H4 (with her existing passport H4 visa stamp). And get new I-94
while flying back into US. Will this cause any problems while entering.

2. She has not signed any agreement with the company. They dont seem to be help
in any of the H1 stamp or any matter for her. If she continue, without pay + having no
H1, etc. What kind of problems may arise at the time of 485 adjustment (using my gc process).

What is a good solution. I would like to know you or you know had been in similar situation.
ANy suggestion or any help is appreciated.

Thanks in advance

Please help us

kiran
 
No Title

My questions are
Here is my opinion:
Some company applied for H1 for your wife and does not bother to pay or provide H1 papers. So, for the sake of documentation consider that she was laid-off. Now, apply for her H4 renewal. When you get the approval, just send it to D.C with proper forms and fees (for visa stamping) and get it stamped. No need to go to Mexico or any other place. I sent my wife\'s renewal to DC and she got stamped for multiple entry. But she never went to H1 status. If your wife already has multiple-entry H4 stamping, she will automatically qualify for multiple-entry renewal. If there is any place on visa application where you can choose multiple entry status, then choose it.

 
 
Top