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H1 to I-485 without job for 10 months in H1

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  • H1 to I-485 without job for 10 months in H1

    My spouse came here on H4. Later got H1 (no visa stamping so far) but did not work for 10 months but started working now with same H1. Would there be a problem if we file for I-485 without valid visa stamping. My sincere advance apprecaition for all your helps.

  • #2
    H-1 validity

    You need to make sure that the H-1 was still valid when you started working. Normally, when H-1 is approved, and the applicant is outside the US, there is some period (I don't remember exactly) until when you can join. If you are already in the US, 10 months is a long period to wait to join. Check with the attorney before filling out 485 form as it requires the employment history.

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