Out of status after H1 transfer?

G

Gogol75

Registered Users (C)
Please see my wife's US history and let me know if she is out of status:

1. She came to the US in June 1999 on H1B.
2. In January 2001, she joined another company thru H1B transfer.
3. In April 2002, she left the US and went back to India. She resigned from her job.
4. In September 2003, she came back to the US on H4 visa (based on my H1B). H4 visa was valid until August 2005.
5. In September 2004, a company filed for her H1B.
6. In November 2004, she went to India and stayed there until late April 2005.
7. Her H1B was approved in January 2005. However she didn’t know about that as she was still in India.
8. She returned to the US in April 2005, and entered the US on her H4 visa. So she got an I-94 on H4 valid until August 2005
9. (Mis)guided by her company that her status is H1, she started working in July 2005.
10. After a couple of months of working and not getting any pay stubs, we got suspicious. She got a job offer from another company and we talked to them about trasferring her H1B. That's when the other company's lawyer said that she is not allowed to legally work in the US because her latest I-94 (based on the april 05 entry) is H4.

What are our options now? The new company is ready to hire her and file for her H1B.

a. Can she now apply for a change of status from H4 (?) to H1B, and start working for the new company? would she have to leave the US and get her visa stamped?
b. Is her situation completely irreparable?

Please let us know what the correct course of action should be.
 
Gogol75 said:
Please see my wife's US history and let me know if she is out of status:

1. She came to the US in June 1999 on H1B.
2. In January 2001, she joined another company thru H1B transfer.
3. In April 2002, she left the US and went back to India. She resigned from her job.
4. In September 2003, she came back to the US on H4 visa (based on my H1B). H4 visa was valid until August 2005.
5. In September 2004, a company filed for her H1B.
6. In November 2004, she went to India and stayed there until late April 2005.
7. Her H1B was approved in January 2005. However she didn’t know about that as she was still in India.
8. She returned to the US in April 2005, and entered the US on her H4 visa. So she got an I-94 on H4 valid until August 2005
9. (Mis)guided by her company that her status is H1, she started working in July 2005.
10. After a couple of months of working and not getting any pay stubs, we got suspicious. She got a job offer from another company and we talked to them about trasferring her H1B. That's when the other company's lawyer said that she is not allowed to legally work in the US because her latest I-94 (based on the april 05 entry) is H4.
------------- her work was illegal from the day she joined the employer(thinking she is on H1)
What are our options now? The new company is ready to hire her and file for her H1B.

a. Can she now apply for a change of status from H4 (?) to H1B, and start working for the new company? would she have to leave the US and get her visa stamped?
------ I think USCIS will not approve her H4 to H1 COS
b. Is her situation completely irreparable?
------- depends how many days she worked being on H4 and you need very good lawyer
Please let us know what the correct course of action should be.
Click to expand...
 
Thanks Ginnu.

Is it now possible for us to someway restore my wife's H4 status? Her H4 expired on august 27, 2005. However in July of 2005, we filed for an extension of H4, which is still under processing.

Can we now salvage the situation by atleast getting her H4 status back?

thanks
 
Gogol75 said:
Thanks Ginnu.

Is it now possible for us to someway restore my wife's H4 status? Her H4 expired on august 27, 2005. However in July of 2005, we filed for an extension of H4, which is still under processing.

Can we now salvage the situation by atleast getting her H4 status back?

thanks
Click to expand...
go to good lawyer and seek legal advice
 
Gogol75 said:
Thanks Ginnu.

Is it now possible for us to someway restore my wife's H4 status? Her H4 expired on august 27, 2005. However in July of 2005, we filed for an extension of H4, which is still under processing.

Can we now salvage the situation by atleast getting her H4 status back?

thanks
Click to expand...


As long as you filed for her H4 extension before it expired, she is IN VALID H4 STATUS. So don't worry about that.

2nd issue is she worked on H4. I can't comment on that. But based on my experience and others I have known, prepare a good letter, note down all the events that led to this misunderstanding. Note down that the moment you realized that you guys did something wrong, you stopped and started making it correct. Present it (with all the possible proof like emails, notices etc.) to authorities whenever required/asked. Based on my experience you should be fine.
 
averma said:
As long as you filed for her H4 extension before it expired, she is IN VALID H4 STATUS. So don't worry about that.
.
Click to expand...

Thanks AVerma,

Looks like we are in a bigger problem:

1. We applied for her H4 extension on July 20, 2005.
2. Her H4 I-94 expired on August 27, 2005.
3. So far so good....
4. On October 8, 2005, the attorney sent a letter to USCIS to withdraw her H4 extension (because I told the attorney that my wife is now on H1...a big mistake on my part).
5. Soon thereafter I realized my mistake and called the attorney not to withdraw her H4 extension. The attorney said that the letter has been sent out. So on October 18, 2005, the attorney sent another letter to USCIS asking them NOT TO WITHDRAW my wife's H4 extension.

I know we made a blunder by sending out the first letter. Can anyone please give us any advice now? Would USCIS see the 2 letters and say "What the hell!!" and deny or cancel her H4 extension.

Is there anything we can do at our end to salvage her H4 visa. Please please please help.......
 
Did you receive LIN#? If so you may want to call USCIS and discuss it with them to make a note on your file.
 
Gogol75 said:
Thanks AVerma,

Looks like we are in a bigger problem:

1. We applied for her H4 extension on July 20, 2005.
2. Her H4 I-94 expired on August 27, 2005.
3. So far so good....
4. On October 8, 2005, the attorney sent a letter to USCIS to withdraw her H4 extension (because I told the attorney that my wife is now on H1...a big mistake on my part).
5. Soon thereafter I realized my mistake and called the attorney not to withdraw her H4 extension. The attorney said that the letter has been sent out. So on October 18, 2005, the attorney sent another letter to USCIS asking them NOT TO WITHDRAW my wife's H4 extension.

I know we made a blunder by sending out the first letter. Can anyone please give us any advice now? Would USCIS see the 2 letters and say "What the hell!!" and deny or cancel her H4 extension.

Is there anything we can do at our end to salvage her H4 visa. Please please please help.......
Click to expand...


Before any thing happens go out of US and come back.
Does she have valid stamping? If not let her get H4 stamping.
 
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