H4 to H1 issue

[marsat]

My wife entered us on H4 in Dec 2006. We applied for her H1 on april. Her H1 application got selected and its in the process. Meanwhile we are expecting a baby on January. What will happen to her H1 if it gets approved and she did not work anytime till may..Will her H1 will go invalid if no pay stub didn't run during this time.. will the H1 become invalid only if she goes out of the country or even if she stays here and did not work for 6 months.. Expecting your replies..


Thanks

[orion]

I have seen these kind of questions many times and I really think that you ate up and wasted one H1B slot. Many ppl take visas and fail to come to US to work, many apply for multiple H1s all counted against the cap! In a time when lottery decides who gets the visa, these kind of practices are highly unethical. A student who just finished his masters or phd in US needs a job more urgently than you, who is not sure if you want a baby or another earning member in your family. And you are planning to send your wife to India for 6 months???!!! A colleague of mine will have to leave country after OPT expired and could not get in the lottery. Shame!

[marsat]

I can understand that many people are failing to get selected in a lottery. We also feel the same when we applied, we are not sure whether we are going to get selected or not.. And its not my intention to waste one H1 and while i am spending on the h1. Its not the employer. and moreover I am not sending my wife back to India.. She is going to be here.. that what I am asking the possiblities.. And also to reply your thing abut who is not sure if you want a baby or another earning member in your family. we know what we want .. If we can know in advance whats going to happen in future then there will be no issue and we can take decision upon that.. we know that its a lottery, thats why we are not sure,whether we will be selected or not...

Thanks

[joeferns79]

Shut the hell up, Orion. He is asking a simple question, you don't have to go berserk on him. It's his wish what he wants to do with his visa. Your friend didn't deserve to get a visa, so he didn't get one.

[orion]

My comment was not addressed to marsat personally, it was a general one, for the people who do similar things.

Looks like joeferns79 really did not like it, why did you too waste visas like that in the past or are you too in the same boat right now? So keep your barking to yourself. NO NO, no one gets scared here by your words. If you have any meaningful opinion, then post it like all other decent members, OK? Good.

And marsat, you really dont know what you are talking about. At the time of applying for H1 visa for coming fiscal year, no one knew that its going to be random lottery, so you cant say that you were just trying your luck because it was not a lottery that time, no one knew its going to be like how it is. So when you applied you definitely wanted and were going to get an H1B, like in all previous years when this situation did not arise. So I did not understand what you meant by "if we know in advance"?? you knew about the visa. do you mean to say the coming baby is unexpected and you did not know in advance? thats terrible. I hope you did not mean this way.
And DONT BOAST that you are paying for your H1 because thats an ILLEGAL thing to do right there upfront. Dont you know that? What did you write in the Memo field of the check that you gave your employer for H1??? That means there really is no job and it upto you to decide if you want to work. All you want is if one fine day you feel like working, you should be able to work.

[marsat]

Orion, could you please respond to my questions. I think its better for me to get the solution rather than arguing about the thing in the past..

[leifbooger]

The H1 does not go invalid if no paystubs are run and she stays here but she could have problems when she goes for the visa stamping. If you do not intend to travel outside the US in the near term then you dont need a visa stamp.

[waitin_toolong]

if she is going to have a baby in january and is feeling fine then why cant she work till at least then/ till she is comfortable and then go on maternity leave. There is a provision in H1 for taking unpaid leave for health\maternity and family reasons.

This would take care of legal issues. As even for AOS they may ask for proof of her maintaining legal status in an RFE etc. They are getting better at matching up records and statuses and are more aggressively denying AOS based on these reasons.
And I know where most of the people upset with you are coming from.

with only 65K visas available there are several people with genuine need and desire to works who have not been able to get H1. All the students who will have to go back to their home country because their OPT is ending and they still have loans to pay and chances of getting a job once you are out of the country goes down.

Women especially get a bad name when this happens and find it difficult to get a job later, because of such actions of their fellow women.

There is a lot of bitterness in the community with regards to all the casual H1 seekers who dont really use it and waste numbers. Have sympathy for their plight.

You say you did not plan for it but since your wife will be delivering in Jan then you would have found out by June/July at least and could have withdrawn her application.

We can go on arguing about who is right without coming to any conclusion. Your wife wanted to work she found an employer and got the H1 that is the end of the story, and it would have worked out had it not been for this blessing. So have fun take care of her and keep her legal.

[waitin_toolong]

The H1 does not go invalid if no paystubs are run and she stays here but she could have problems when she goes for the visa stamping. If you do not intend to travel outside the US in the near term then you dont need a visa stamp.

And you are wrong for saying this, though the H1 will not go waste her status will not have been maintained and she will be out of status.