Is my friend out of status?

H

ha_hk

Registered Users (C)
Hello

My friend's wife was on H1 visa for 10 months but couldn't find work due to the economic situation.

So she changed her staus back to H4.

Was she out of status? And will it affect her I485 process?

Thanks,
ha_hk
 
no sufficient information

Hi

There is no sufficient info to tell whether your friend's wife is out of status or not. You have to specify the details. If she filed her
green card based on her husband's job then she will not be out of status if she reverts to H4. If it is based on her job then one has to look into I-140 approval and I-1485 RD date etc.

I think if you give a detailed info, people can help you to identify
the situtation.

Sekar
 
Additional Info

Thanks for the reply

I was on vacation and just got back.

My friend's wife got her H1 stamping back in april 2001 but didn't work. So no pay stubs, no W2 nothin

She changed to H4 by feb 2002.

Her GC is based on her husband's employment. Her husband's work record is clean.
They have filed 140 and 485 concurrently 2 months back.

Will she be considered out of status? And

Will it be a problem in their I485 process?

Thanks
ha_hk
 
hi

Hi

From the description, it looks that your friend's wife (say X) didn't
work from April 02 - Feb 03 with a H1B status. But more information is needed to determine the situation.

1. Whether the company who sponsored her H1B cancelled
her visa or not? If it did so, then she is out of status. Attorneys
will say, X is legally out of status.
2. Did she have H4 visa before getting her H1B?
If so then she is very safe even though attorney's contradict
on this issue. If she has not used her H1B then she is still
under H4.
3. If she had got her first H4 status in Feb 2003 means,
she is not in status.

I feel there should not be any problem for her because X is
going with her husband's GC process. (This is my view only).
But my experience with this forum tells that there is no isssue
so far indicating such a problem in GC process.

I hope others in this forum will anwer your question soon.

Sekar
 
If she has received her H4 approval she is fine. Just ask her whether she received I-94 along H4 approval notice or not?

If not there is some other problem.
 
Thanks

Thanks for all ur replies.


She didn't work in H1(she got H1 stamping from india) cuz she or her consultant couldn't find a job for her.

Her consultant didn't cancel her H1. She went to india and then got her H4 based on her husband's current employment.

So she has got her new H4 stamped in passport and recently she even got her extension along with her husband's H1.

ha_hk
 
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