Status??

[anush agarwal]

Hi,
Self and spouse have filed for our AOS. Both of us are on H1 and I\'m the primary. My spouse is currently on the bench and is not paid. Is she out of status?

Thanks.

 

[Belal Hassan]

Consult a your lawyer for advice without further adieu.

Consult a good lawyer for advice without further adieu.

 

[anush agarwal]

No Title

But I thought, you are in status where your AOS appln. is pending? I needed some clarification on that.

 

[anush agarwal]

No Title

Any takers? please

 

[Alien Labour]

It depends who is the dependant of the primary applicant.

If your spouse is secondary applnt then he/she is on status.

 

[krishna Venkat]

Only if dependent

If the spouse is not a dependent of the primary, then she needs to maintain her status and being without pay amounts to not being in status. My advice is to apply for a change of status to H4 which INS may grant without a I-94. In this case she will have to go back to country of origin, get a H4 visa and re-enter on H4. Once she gets her EAD ( which normally takes 30-60 days form filing 485) she can start to work. If she continues to on bench with a H1,you can be in trouble if INS asks for your wife\'s pay stubs from the day you filed 485 (nothing unusual in this weak economy). Good Luck.

Disclaimer: The above opinions do not constitute legal advice and should not be construed as one. Consult an immigration lawyer for advice.