Status Issue

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tammy2

Registered Users (C)
My friend's Wife was on H4 (valid up to May 2005). Recently she got an offer from a Company.They did H1 for her and she got approval in Jan 2004. But due to some reason her employer is unable to place her and she is not on the payroll.

Now they are applying for I-485. What status should she state on I-485 application?

In other word When we H4 to H1 transfer when does change of status take effect from H4 to H1? That is when your H1 get approved or after joining the company?

The other question is can she send H1 stamping here in US? What will happen if she send for H4 revalidation? Does she looses her H1 status?

Thanks in Advance.
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She looses her H4 status once the H1 got approved. She can state that she is on H1 in her 485 application, whether on the company payroll or not does not matter as long as she is the dependent beneficiary for AOS.

As this is her first H1, she needs to step out and get it stamped in the consulate and enter in to US.
 
Thanks ar888. I was thinking same. But their attorney was not answering the question. He says if she does not join H1 will not come into effect. He gives the analogy of H1 transfer, which will come into effect only after joining the new company.
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Originally posted by tammy2
He says if she does not join H1 will not come into effect. He gives the analogy of H1 transfer, which will come into effect only after joining the new company.
Click to expand...

Where do some of these attorneys get their degrees?

An H1 transfer involves no transfer - it's a 2nd H1 petition. Since the alien beneficiary is not a party to that, it's his choice wether to start working for the new company. The old H1 is not voided.

This is a clear change of status from H4 to H1, it took effect the day it was approved. She is in H-1 status, though probably not valid if not placed.
 
If you are on H1 and not working, then you have violated the Status (not necessarily "Out Of Status"). Check with a good attorney.
 
This whole thing what happens if H1 is not working and/or not getting paid is a grey area. We know lots of people on bench do not get paid for long time- I don't know how it works out for them. I suppose the person maintains staus as long as H1 is not revoked. Not paying salary is a problem for the employer not the beneficiary.
:confused:
 
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