Out of Status?

D

dunno99

New Member
Friends, we have our FP next week. However I was going through various websites and realised that my spouse may have been out of status and was wondering how it is going to affect GC.
She was on H4 couple of yrs back. She applied for H1 and traveled to India and returned in 3 weeks. A month later she got the H1 and started working.
Since, one is not supposed to travel( realised just now) after applying for nonimmigrant status change, will she be out of status all along? Appreciate your inputs.
 
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a friend of mine had similar problem. i think if she uses EAD and file new I-9 with the current company she should be fine.
Not sure. Pls consult ur attorney on this.
 
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latest I-94 counts. Ise the latest action by INS. If the new h1 got approved after she came back from India then no problem. The date on the I-94 on the h1 must be recent than that on the one she got at the port of entry.
 
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Thanks prnair. This is exactly the case. H1 was filed on 4thJan00 and approved only in Jun00. Trip to hometown was 15thJan through Feb end.
Almost evey other website says that once you leave US when a petition is pending, the petition is considered abandoned. Wonder none of them show any resolutions to the issue!!!! Thanks for ur response.
 
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