Spouse 485 help

S

SudP

Registered Users (C)
Hi,

Backgound:
My wife entered the country with H4 visa based on my H1, later she got a H1 from a consulting company and has been looking for a Project ever since, but she is not receiving any pay till she gets a project, the H1 has been valid since 1st Oct 2004 so for last 7 months she has not received any salary.
We have not stamped the H1 yet, her old H4 is valid till 14th June.

Question:
Does her not receiving any salary cause any problems when I apply for her I485 based on my application, do we have to submit the Tax documents for the period she has been on H1 when we apply for her I485,
is it a better idea that she goes back on H4, instead of continuing on H1 without pay.

Please help guys.

Thanks in advance,
SudP.
 
SudP said:
Question:
Does her not receiving any salary cause any problems when I apply for her I485 based on my application, do we have to submit the Tax documents for the period she has been on H1 when we apply for her I485,
is it a better idea that she goes back on H4, instead of continuing on H1 without pay.
Click to expand...

Change her status from H1 to H4 ASAP. Currently she is out of status. Being out of status more than 180 days (which she is already) will b a big problem for her.
 
Thanks Pralay for the reply.

Please let me know how is she out of status, because her company is still looking for a project for her, only that she is on bench without pay ever since she joined them.
Does that put her out of status?, isn't her H4 also valid?.

Thanks,
SudP.
 
SudP said:
Thanks Pralay for the reply.

Please let me know how is she out of status, because her company is still looking for a project for her, only that she is on bench without pay ever since she joined them.
Does that put her out of status?, isn't her H4 also valid?.

Thanks,
SudP.
Click to expand...

Did she join that company as employee? If so, she already violated H4 law and in that case her H4 is not valid from the day she joined that company.
 
Yes she joined as a employee, but she has not yet received any pay from them and so she has not yet come on their payroll, and also she has not yet got the H1 stamped.

Thanks,
SudP
 
SudP said:
Yes she joined as a employee, but she has not yet received any pay from them and so she has not yet come on their payroll, and also she has not yet got the H1 stamped.

Thanks,
SudP
Click to expand...

Getting H1 stamp is not a factor. The day she joined her employer as employee her H4 became toast. However, due to illegal benching, her H1 status is toast too. Convering H4 to H1 is very tricky. Technically the employer should pay the LCA salary from the very day her H1 got approved (few days gap is fine, but more than that is a problem).
 
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What if we apply for her H4 now will that correct her status, will it be a problem if she gets the H4 and wants to get it stamped from the consulate?

Thanks,
SudP.
 
SudP said:
What if we apply for her H4 now will that correct her status, will it be a problem if she gets the H4 and wants to get it stamped from the consulate?

Thanks,
SudP.
Click to expand...

First, she should convert her status immediately (I think using I-359 form). Then she should leave USA and re-enter using her H4 visa. By re-entering USA, she will reset her out of status clock to zero. After re-entering with H4 visa, her out of status issue won't affect her I-485 anymore.
 
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