Jaxen / Jim mills - help please

[jeya123]

Hello Jaxen ,

Thanks for your reply to my yesterday query. If you dont mind can you pls. check the reply that i had sent for your answer.
Its with subject "H1-H4 clarification"

Jaxen/Jim mills
I am on H1. My husband is also on H1 but without job and salary for past 7 months.
Que : 1 Is he 'OUT OF STATUS' now.
Que : 2 Can I have my company process his H4. Since he doesn't have any paystubs, will it create problem in getting his H4.
Que : 3 Lets assume that I am getting his H4 without any problem, do we have to go back to our country to get it stamped in his passport immediatley (or) Is it legal to stay in US with H4 approval and H1 stamping in his passport and i can get it stamped whenever i go there.

I would really appreciate if you could clear my doubts. Thank you very much for your valuable time.

 

[Jim Mills]

Que : 1 Is he 'OUT OF STATUS' now.

ANS1: He is not properly maintaining his status. He is "out of status" but he is not accumulating overstay as long as the company has not cancelled his visa.

Que : 2 Can I have my company process his H4. Since he doesn't have any paystubs, will it create problem in getting his H4.

ANS2: It might create problems but depending upon the circumstances it may be possible to get the H-1 to H-4 completed. You should speak with the attorney handling the case about this since it's too fact sensitive to adequately be answered here. It's also somewhat of a judgement call aout how to handle it.

Que : 3 Lets assume that I am getting his H4 without any problem, do we have to go back to our country to get it stamped in his passport immediatley (or) Is it legal to stay in US with H4 approval and H1 stamping in his passport and i can get it stamped whenever i go there.

ANS 3: Yo need to leave the US as long as INS issues I-94s with the approval notice.