JIm M or Immigration Experts pls help us....

sp29201

Registered Users (C)
Hello all,
thanks for all those who replied to my post on Dec 17th.
We contacted diff lawyers and got diff opinions.so please help
us in answering these questions..
I would appreciate if some one could answer these question\'s...

1) One Attorney said that you are not on H1 as you never worked on
that H1 approval and was never issued a pay cheque.He is sure that
my wife is still on H4 and can argue with INS with this reason.
another attorney also said the same thing.
Another attorney said that she has to travel to home country and
come back on H4 and then apply for F1.But we are not considering this
option.

2) She wants to go to school now on F1 visa, how can she change her status
to F1. Is it H1 --> H4 ---> F1 or H1 ---> F1 ???
which is the best option?

3) If we request the employer to issue some pay stubs for the
last 3 months( she did not start working after getting H1 ) and if the
employer agrees to issue pay stubs will that be helpful in anyway?

Jim or any Immigration guru please help us....we appreciate your help

NOTE:-
My previous post is below this message..

Hello all,
Please help us in answering some of the questions we have.
My wife entered US on H4 based on my H1 visa from
company A.

I have changed my H1 visa from company A to company B.
My wife got her H1 from company C
company C has not accepted her on payroll because she
could not get projects, so she has not paid for last
more than 6 months.She still has her H4 visa stamp in
her passport and a valid I-94 till 2004.she never
worked for this company but applied and got SSN based
on this H1B visa.

Question 1: If we decide to change her back to H4
based on my new H1 visa from Company B then will there
be any problems from INS in getting H4 visa ? like do
they ask for pay stubs ?
What are the risk factors involved in holding H1b
Visa without pay and take a long leave of absence(with
doc certificates)
Question 2: if she wants to join a school and change
to F1 status then, what are the risks involved and
what is the exact process of doing this(after getting
the I-20 etc).
Question 3: if we can get a letter from the Employer like
leave of abscence will it help?or with a valid health reason
that she couldn\'t start work and decided that she would go to
school for some time.

would really appreciate your help in this matter. thank you all
 
Hi Guys!!Please help me in this regard

I have a problem like, I got mi I140 cleared this month.I have my wife changed her status from H4 to H1 in this febraury,and because she did not get job in this bad economy.The company which did H1 for my wife asked her to change to H4, we applied to H4 in this November and waiting for that.
Should I need to her get stamped on the new H4 and aplly for I140 or can I mention in I140 based on her SRC number she is on H4.What should I do.Can abyone please help me.

Thanks
 
can you keep us posted if you get any queries from INS

when you applied for h1 --> h4 did you include any pay stubs with that?
please keep posted.
thanks
 
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