I-485 issue

S

SSingla_123

New Member
Hi,
I came to USA on H4 visa. After that a company applied for my status change from H4 to H1-B but I didn't start working for them as they didn't have any project for me. After sometime my husband changed his company and when he got his H1 transfer done, he applied for my H4 too as we thought that I am still on H4. I never knew that my status has now changed to H1 although I never actually started working. Then, last year I got a project and my company asked me to start working on the basis on H1 that they had. After working here for about 9 months, I visited India and got my H1 stamped. Now, my husband is applying for I-485. When we sent our papers to the attorney, she said that I was out of status for about 10 months. Acoording to her, my H1 was no longer vaild because I had applied for a H4 after my H1 approval so I was on H4 when I started working. So that means I was working illegally for about 9 months. Can someone please advice how to resolve this issue so that our I-485 can be applied without any problems.
Thanks
 
I'm not sure there is a resolution for this. You were illegally employed and working without authorization. You need to discuss the entire situation in detail with your attorney.

I don't understand how this happened, if you thought you were in H-4 status when you applied for the H-4 extension when your husband changed companys, how did you later believe that you were inH-1 status and eligible to work?

I can think of several possible options but you will need to discuss the entire situation with your attorney to formulate a plan. There are too many variables to discuss the options here since this is an unusual situation that needs to be addressed based on your specific circumstances, which may provide some options and prevent others.
 
Thanks Jim

Thanks for the reply, Jim.
Well, I strated working because my compamy had the H1 approval. We never had any idea that getting the approval mean your status had changed. So we beleived that once I start wokring then only my status will change to H1 from H4 and thats why I started working.
 
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