H4 to H1 - Mess - Please help us

M

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

Re: H1 to H4

As long as your wife had not joined this \'employer\', she does not have to worry about H1 / H4 problem. She is still under her status of H4. Does she have her h4 i94?

She has not been paid, and i assume has not filled in any form (i think they call it i9) that says she has started work for them.

You should have no problems with gc process.

 just my opinion. talk to lawyer
 
No Title

My wife has not signed any I-9 form. She has not signed anything.
What is I-9 form. I am on H1 dont remember signing such form.
Would you please reply.

Thanks
Kiran
 
No Title

I-9 is a form that employer has to submit giving details of all aliens working with them.
Most of the companies don\'t maintain them, don\'t worry it is employers prob in furnishing those details
 
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