What is my wife status?

[addagarla]

What is my wife's status? -- Great guru, could you comment?

Great guru,

My wife was on H4 (valid until Feb, 2007) and got her H1B approved in Nov 2004. But unfortunately her employer couldn’t find any project for her and she never had any payroll. She did not get her new H1 stamped till now.

Mean while I applied for I-140 and 485 and my wife got her EAD in the month of April 05. My I-140 is approved in May 2005. Got her SSN using EAD. She is not working at present. I would like to know whether she is on H4 or H1B as of now. Does she need to reapply for a new H4?

Thanks in advance for any help.

 

[ginnu]

Great guru,

My wife was on H4 (valid until Feb, 2007) and got her H1B approved in Nov 2004. But unfortunately her employer couldn’t find any project for her and she never had any payroll. She did not get her new H1 stamped till now.
------------- if her H1 was filed from H4 to H1 Change of status she was then on H1 if she got H1 approval notice with I-94 attached, if that is true then she is out of status as she did not work or employer never paid her on H1. if it was NEW fresh H1 then let us know
Mean while I applied for I-140 and 485 and my wife got her EAD in the month of April 05. My I-140 is approved in May 2005. Got her SSN using EAD. She is not working at present. I would like to know whether she is on H4 or H1B as of now.
------------ she is AOS pending. regarding H1 or H4 you need to tell us if it was H4 to H1 as COS or not if it was COS from H4 to H1 then she is out of status on H1, but not a problem as her I-485 may be filed when she was on valid status H4 or H1. you did not provide info when her I-485 was filed if she had H4 I-94 at that time or I-94 based on H1 that was sent with her I-485
Does she need to reapply for a new H4?
-------- clear the case details with dates.
Thanks in advance for any help.

 

[addagarla]

Ginnu,

Thanks for the reply.

The H4 -> H1 is COS, not a fresh one because approval notice has fresh I-94 attached.
The I-485 was filed in March, 2005 and we sent H4 I-94 along with her 485 application.

I-485 was filed in CSC and her COS approval is from VSC.

Thanks

 

[ginnu]

Ginnu,

Thanks for the reply.

The H4 -> H1 is COS, not a fresh one because approval notice has fresh I-94 attached.
The I-485 was filed in March, 2005 and
we sent H4 I-94 along with her 485 application.
--------- if she was on valid H4 status and sent valid I-94 bases on H4 status with I-485 filing she is safe. if I-485 was filed with her H1 status I-94 then USCIS may dig it becuse she is not on maintaing H1 status on the date I-485 is filed.
I-485 was filed in CSC and her COS approval is from VSC.

**** I suspect something wrong, as per your post she got H4 to H1 COS approved in 2004. you filed her I-485 in March 2005, how the lawyer could attach her H4 based I-94 with I-485 filing? She had new I-94 based on H1 at the time of I-485 filing and that I-94 was her latest I-94 according to Last Action
** go to your lawyer and make the case details clear to him.
Thanks