Questions regarding H1 transfer

A

aish_m04

Registered Users (C)
Hi all,
My wife got her change of status from H4 to H1 on October 15th 2004. She didn't find a project till December 1st 2004 During the period from October 15th to Dec 1st she didn't get paystubs. We didn't know at that time that the company has to pay the amount from day 1 after the H1b gets approved. Consulting company was giving excuses like let her get her SSN and then project. From Dec 1st 2004 to April 15th 2005 she has all the paystubs. She got her W2 only for the last 1 month of 2004. Now she has another company which is ready to apply for a H1B.will this be a problem when she changes her company. Will the date from October 15th 2004 to Dec 1st 2004 be considerd out of status and her new H1B be rejected. Please advice.
If they apply for a new H1B will they reject the new H1B application because she was out of status for 45 days or they will approve the application with no I-94. So she needs to go to a foreign country and get her H1B visa stamped in the passport. Any help will be greatly appreciated.

Best Regards
 
aish_m04 said:
Hi all,
My wife got her change of status from H4 to H1 on October 15th 2004. She didn't find a project till December 1st 2004 During the period from October 15th to Dec 1st she didn't get paystubs. We didn't know at that time that the company has to pay the amount from day 1 after the H1b gets approved. Consulting company was giving excuses like let her get her SSN and then project. From Dec 1st 2004 to April 15th 2005 she has all the paystubs. She got her W2 only for the last 1 month of 2004. Now she has another company which is ready to apply for a H1B.will this be a problem when she changes her company. Will the date from October 15th 2004 to Dec 1st 2004 be considerd out of status and her new H1B be rejected. Please advice.
If they apply for a new H1B will they reject the new H1B application because she was out of status for 45 days or they will approve the application with no I-94. So she needs to go to a foreign country and get her H1B visa stamped in the passport. Any help will be greatly appreciated.

Best Regards
Click to expand...
UCIS may or may not approve her H1 xfer. Or them may approve without a I94. If they do approve w/o a I94 simply go out of the country and re-enter. You do not need a Visa to stay in the country.

NOTE : I am not a lawyer.
 
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