Urgent:H1 to H4 issue

[divakarganni]

Hi

I am on H1 visa working full time.My wife came on H4 in Oct 2006 Her H4 got stamped with my previous employer and is valid till oct 2009.In 2007 she applied for H1 in US and got approved. But her employer didn't find her job and now he applied for her H1 cancellation. Now can she stay in US on H4 or is there any process to bring her status back to H4.

Please help me in this situation.

[txh1b]

She has been out of status for more than 180 days. As she did not gather unauthorized stay past the I-94 dates, it might be some relief. Talk to an attorney. It will cause problems during Gc.

[divakarganni]

She has been out of status for more than 180 days. As she did not gather unauthorized stay past the I-94 dates, it might be some relief. Talk to an attorney. It will cause problems during Gc.

Hi

Thank you for the response. But can you please explain me clearly about the situation.

[txh1b]

Hi

But can you please explain me clearly about the situation.

The situation is bad for future stamping, Green card etc as she is supposed to be working and getting paid on day 1 the status changes to H1b. That is the law and no work/no pay = No Status.

This has to be mentioned in future visa applications and if misrepresented and found out later during GC/visa approval can result in a permanent ban.

[divakarganni]

She has been out of status for more than 180 days. As she did not gather unauthorized stay past the I-94 dates, it might be some relief. Talk to an attorney. It will cause problems during Gc.

Hi

Thanks once again.

But can u please tell me ,what is the best that i can do from my side.

[txh1b]

Complain against the employer to DOL and get paid to re-instate the lost status, if you are asking my opinion. Consult an attorney.

[C4us]

Some employers request payment for taxes in order to generate paystubs for the period of unemployment. Do not agree to this!