H4 to H1 without work

R

Ruo Peng

Registered Users (C)
Hi there,

My wife came to US with H4 and later she get H1 approval on July 22, 2001 but never worked since company was facing finacial problem. My question is that did her H4 status has been cancelled on her H1 approve? Is her stutas ok? Thanks for the help.
 
Her status is H1 now. If she can\'t find job or cannot be on payroll, it is highly highly recomend

 
 
No Title

Thanks for the reply. Do we still have the chance to back to H4, I mean after such a long time (from july)? What about we even did not know her H1 was formally approved until this week.
 
No Title

Jim,

Thanks for the help. Let me explain the situation a bit more detail.I am on H1. As I indicated previously, my wife came as H4. A company offer her position and start process the H1. In fact the company never hired her and we even did not have that approve note. I discovered yesterday that the her H1 was approved on July 22, 2001. I do not know if this is change the status or not. We are worried about her status and not quite sure what to do. As suggested by previous reply, she should apply H4 again. If this is ok, please advise. Thanks again.
 
It\'s ok but it may not be necessary

You need to find out whether she was issued I-94s with the approval notice for her H-1. If yes, then she is currently in H-1 status and will need to change to H-4 status. If she was not issued I-94s with the H-1 approval notice then her status has not changed and nothing needs to be done. To file the COS correctly you\'re going to need copies of the approval notice and I-94s that were issued with it.

Jim
 
Thank you and more questions

Jim,

Yes, she was issued I-94s. If we go overseas to stamp H4 with my H1 would be the quicker possible solution? And the big concern for this issue is the date, I don\'t know how many days we still have. Thank you very much.

Ruo Peng
 
That\'s also a possibility and it\'s a quicker one

The problem is you would be going to a consulate and that has potential problems built into it. You\'re really going to need to speak to an immigration attorney about this.

Jim
 
Ruo Peng, One more good option is ( Jim M correct me if I am wrong)

As you said they issued I-94 which means she is on H1 status now. you can apply again for her COS to H4. OR If her old H4 is still valid, she can go out of country and while coming back she can use her H4 VISA stamp to get I-94 based on H4 stamp which makes her H4 status.

Consult with your lawyer.
 
Thank you gcneed

I am not quite sure this will work. Old H4 visa with multi entry will valid till Jan 2003 same date with old I-94s.

My concern is that she has on H1 since July. If she is out of status for that long time, how serious this will cause? I herard that 180 days rule, is this true? I want to find the safest and quickiest solution to let her back to H4.

FYI I have consulted lawyer, thing seems ok.

Thanks for the help.

Ruo Peng
 
H1 Legal Status without Job

Hi,

Follow up my previous post, I have an additional question.

How long H1 holder can legally stay without job?

Thanks

Ruo Peng
 
Not a single day

INS rule does not provide direct guidelines. All lawyer iterprt the las differently. Now a days its not good to go on these iterpretations. Take some good lawyers advice. Bus as far as law goes there is no grace period.

Regarding H4 to H1 trasfer:
The applicant loose her H4 status the day her H1 was approved. As per INS applicant has 60 days to start working on H1 after that she will be considered as out of status.
We also went through same dilema some time back. You may simply apply for I-539 of your own. If she was without pay for a verylong time then INS may ask her to re-enter from home country. But in general INS does not question when one is seeking H4.

Thanks
 
She went out of status as soon as she quit working, but

she does not accumulate overstay until the H-1 expires or is cancelled. She\'s subject to deportation right now but she is not overstaying her visa, she\'s just not properly maintaining her status. Again, speak to a decent immigration attorney on this one (pay the consultation fee) since it can be pretty disasterous if you get it wrong.

Jim
 
Go oveerseas to get H4

Thanks all for the help. After consulted with lawyer, we are going to travel aboard and will try H4 visa at consulate I will update the outcome on my return.
 
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